| Citation(s) |
|---|
| 1993 SLD 758 = 1993 CLC 519 |
Sindh High Court
F.R.As. Nos. 372 and 373 of 1992, decided on 18th November, 1992.
Presented By: Before Abdul Rahim Kazi, .J
A. Rauf for Appellant. Mrs. Saleema Nasiruddin for
Respondent
F.R.As. Nos. 372 and 373 of 1992, decided on 18th November, 1992.
Presented By: Before Abdul Rahim Kazi, .J
A. Rauf for Appellant. Mrs. Saleema Nasiruddin for
Respondent
TAHIR HUSSAIN --- Appellant
VERSUS
SAEED AHMED KHAN LODHI---Respondent
Law: Sindh Rented Premises Ordinance, 1979
Section: 16(1) (2) , 21
Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16 (1)---Tentative rent order---Rent Controller has to pass tentative rent order under section 16 (1) of Ordinance 1979 after summary enquiry and after determining arrears of rent due---Determination of rent due would contemplate that Rent Controller has considered material placed before him by both parties and having weighed and taken into account the same he has determined specific amount due for which such directions or orders have been passed. Sindh Rented Premises Ordinance (XV1I of 1979)--- ----Ss. 16 (1) (2) & 21---Tentative rent order---Appeal---Tentative rent order passed under section 16 (1) of Ordinance 1979 was an interim order and not appealable ---Such order could be challenged in appeal against final order passed under section 16 (2) of Ordinance which was a penal provision, and was to `be Wu strictly. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16 (1) (2)---Tentative rent order---Non-compliance---Striking off defence---Application for tentative rent order filed by landlord was contested by tenant filing statement of account showing certain amounts claimed to be deposited by him, but Rent Controller passed order striking off defence of tenant without taking into consideration statement of account submitted by tenant---While passing tentative rent order, Rent Controller could have determined as to what amounts were due against tenant on date when tentative rent order was passed and after determining such amount a specific order should have been passed directing tenant to deposit that amount in Court-- Order passed by Rent Controller not only was defective, but was a vague order as it did not specify as to what was the amount which tenant was required to deposit in Court---Tentative rent order passed by Rent…