Law: Sindh Rented Premises Ordinance, 1979

Section: 16(1)(2)

Sindh Rented Premises Ordinance (XXVII of 1979)--- ----S. 16(1)(2)---Striking off defence of tenant---Tentative rent order showed that tenant was directed by Rent Controller to deposit arrears of rent and future monthly rent of premises in Court---Before passing tentative rent order, tenant was depositing rent in "miscellaneous rent case" and after passing tentative rent order tenant did not deposit rent in case, but continued to deposit same in "miscellaneous rent case" contrary to direction contained in tentative rent order---Tenant having violated tentative rent order of Rent Controller and such violation not being due to any misunderstanding or as a result of bona fide mistake such omission could not be termed to be a mere technical default---Defence of tenant was rightly struck off for deliberate non compliance of tentative rent order in circumstances. Ghulam Hussain v. Mst. Roshan Bibi 1986 SCMR 1714 and Mst. Zulekha Bai v. Muhammad Yakoob 1989 CLC 479 ref. M. Akmal Waseem for Appellant. M. Zubair Qureshi for Respondent. Date of hearing: 29th November, 1992. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 is preferred by the appellant (Hussain Trading Company) who is aggrieved by an order dated 25-4-1992 passed by the learned IIIrd Rent Controller West, Karachi in Rent Case No. 105 of 1990 whereby he struck off the defence of the appellant and directed him to hand over the peaceful and vacant possession of a show room constructed on the front portion of the ground floor of the building known as Puri House situated on Plot No.22, 4-West Wharf Road, Karachi-2 to the respondent.   The facts leading to the filing of this appeal are that, the respondent/landlord had filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 seeking ejectment of the appellant/tenant on the grounds of default in payment of rent and subletting of premises. This application was contested by the appellant/tenant who filed his written statement denying all the allegations made by the respondent/landlord. That on 11-8-1990, the respondent/landlord moved an application under section 16(1) of the Sindh…