Law: Sindh Rented Premises Ordinance, 1979

Section: 16(1)(2) , 21 , 15

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16(1)(2) & 21---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15---Appeal against order  striking  off  defence  of  tenant--Maintainability---Section 21 of Sindh Rented Premises Ordinance, 1979 governing filing of appeal, was different from S. 15 of West Pakistan Urban Rent Restriction Ordinance, 1959 inasmuch as words "not being an interim order" had been incorporated in S. 21 of the Sindh Rented Premises Ordinance, 1979---Under S. 15 of West Pakistan Urban Rent Restriction Ordinance, 1959 appeal could be filed against any of orders passed under Ss. 4, 10, 12 & 13, but under S. 21 of Sindh Rented Premises Ordinance, 1979 all orders made by Rent Controller had been made appealable except an interim order---Order striking off defence of tenant under S. 16(2) of Sindh Rented Premises Ordinance, 1979 bringing to close entire matter, could not be termed as interim order---Appeal lay against order striking off defence as well as against order of Rent Controller refusing to strike off defence for non compliance of order for payment of tentative rent. Mahmood Bashir v. Mst. Mubina Begum 1988 SCMR 427; Government of Punjab and others v. Mst. Azra Mohyuddin and others 1990 SCMR 476; Mst. Khairun Nissa and another v. Mrs. Meherun Nissa 1990 CLC 661; Mrs. Zubaida Begum v. Mrs. S.T. Naqvi 1986 SCMR 261; Muhammad Ali Mutlaq v. Mst. Fatima and others 1986 SCMR 1674; Mst. Mah Jabeen Begum v. R.M. Khan 1986 SCMR 1835; Amir Ali v. Mrs. Alima Ahmed PLD 1981   Kar. 150; Ali Muhammad v..Khahl Ahmad Allahwala and others 1985 CLC 1297; Syed Khadim Hussain Abedi v. Mst. Geti Ara, Begum 1984 CLC 68; Syed Tahir Hassan Gardezi v. Abdi Hussain Qureshi 1986 MLD 2980; Gurdasmal v. Pahlaj Ram and another 1986 CLC 43; A.S.K. Samad v. A. Hussain and another 1987 SCMR 1013 and Abdullah Ghanghro v. Mst. Tahira Begum and another 1988 SCMR 970 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(ii)---Payment of rent after expiry of period of contractual tenancy ---Mode of---Ejectment application---Maintainability of---Where agreement of rent was a fixed…