Law: Sindh Rented Premises Ordinance, 1979

Section: 16(1)(2)

  Sindh Rented Premises Ordinance (XVII of 1979):-- ----S. 16 (1)---Rent Controller's power to determine arrears of rent and order to deposit the same within time to be determined by him---Eviction of tenant on ground other than default in payment of rent---Order to deposit arrears of rent whether valid---Provisions contained in S.16 (1), Sindh Rented Premises Ordinance, 1979, have nexus with pendency of case for eviction of tenant, irrespective of ground taken for eviction of such tenant---Order to deposit arrears of rent in a case for eviction of tenant on ground other than default in payment of rent was thus, valid. Muhammad Aslam v. Pakistan Steel and another 1990 CLC 849; Asghari Begum v. Baji Dubash 1991 CLC 203; Dost Mohammad and another v. Momand and another 1989 SCMR 89; Muhammad Rafiq and others v. Barkat Ali and others 1988 SCMR 1526 and Chairman, Pakistan Railways v. Maqbool Ahmed 1989 SCMR 1668 ref.   Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16---Order for deposit of arrears of rent---Time-barred rent could not be ordered to be deposited in Court, and for non-deposit of such rent penal provisions for striking off the defence of tenant could not be invoked. 1988 SCMR 1526; Chairman, Pakistan Railways v. Maqbool Ahmed and others 1989 SCMR 1668 (1) and 1989 SCMR 89 ref. Asgheri Begum v. Baji Dubash 1991 CLC 203; Ashfaque Rehman v. Muhammad PLD 1968 SC 230 and 1990 CLC 849 rel.   Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16 (2)---Striking off tenant's defence for non-deposit of arrears of rent as per order of Rent Controller---No exception could be taken for non-deposit of Rent Controller---No exception could be taken for non-deposit of rent for specific period which was time-barred on date ejectment application was filed---Order for striking off defence of tenant was set aside and case remanded for decision in accordance with law. Dilawar Hussain for Appellant. Shaikh Muhammad Usman for Respondents. Date of hearing: 22nd April, 1992.   JUDGMENT Appellant Shamsher Ali has assailed an order dated 13-1-1991 by which his defence was struck off in Rent Case No.1262 of 1984 and his eviction was…