Law: Sindh Rented Premises Ordinance, 1979

Section: 16 (1) (2)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.16 (1) (2)---Tentative rent order, non-compliance of---Extension of time-- Rent Controller had no power at all to extend time for deposit of rent fixed by him in his order under S.16 (1) of Ordinance. Raja Shamsuzaman for Appellant. Date of hearing: 20th May, 1991. JUDGMENT This First Rent Appeal is directed against the order of IIIrd Senior Civil Judge/Rent Controller, Karachi (East), dated 16-3-1991, whereby she allowed an application under section 16 (1) of the Sindh Rented Premises Ordinance, 1979, and struck off the defence of the appellant for non-compliance with the order of deposit of tentative rent passed under section 16 (1) of the Sindh Rented Premises Ordinance, 1979, and directed the appellant to vacate the premises and hand over the vacant possession to the respondent within thirty days. The respondent had filed an ejectment application being Rent Case No. 437/1989, alleging that she is owner of the rented shop, while the appellant is tenant in respect thereof @ Rs. 500 p.m. excluding other charges and taxes. The appellant was alleged to be habitual defaulter and had defaulted in payment of rent from December, 1987 to May, 1989. Hence prayer for ejectment. The ejectment application was resisted by the appellant on the ground that he was out of country, therefore, could not pay the rent. He took the plea that the Court had no jurisdiction as the shop was situated within the area of Gulberg P.S., and not Jauharabad P.S., over which the Controller had jurisdiction. The learned Controller on an application made by the respondent under section 16 (1) of the Sindh Rented Premises Ordinance, 1979, fixed it for filing of objections, on 17-1-1991. The Advocate for the appellant pleaded no instructions and, therefore, the   learned Controller passed order for deposit of tentative rent on the same day, directing the appellant to deposit (i) arrears from December, 1987 to January, 1989, amounting to Rs.7,000 on or before 31-1-1991, (ii) arrears of rent from February, 1989 to December, 1990, amounting to Rs.11,500 on or before 12-2-1991 and (iii) further monthly rent @ Rs.500 p.m. from January, 1991…