Law: Sindh Rented Premises Ordinance, 1979

Section: 16 (1) (2) ,

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16 (1) (2)---Striking off defence of tenant--=Tenant was directed by Rent Controller to deposit arrears of rent of premises within 90 days from date of tentative rent order---Tenant reckoning period of 90 days from day following day of passing of tentative rent order, deposited rent exactly on 90th day-- Landlord had contented that tenant had failed to comply with tentative rent order as he had deposited rent after expiry of one day from specified period of 90 days---Contention of landlord was that initial order requiring tenant to deposit arrears of rent within 90 days from date of tentative order would mean and include date of passing that order and not excluding date thereof-- Contention of landlord was repelled in view of fact that under provisions of Limitation Act, 1908 as well as West Pakistan General Clauses Act, 1956 date of passing order could not be taken into consideration to the disadvantage of tenant---Since provisions of section 16 (2) of Sindh Rented Ordinance, 1979 were penal in nature, same had to be construed strictly and in event of a slightest doubt benefit had to be resolved in favour of tenant. Mst. Shahana Jawed v. Haroon 191 MLD 1914; 1984 CLC 1341; 199.1 MLD 1390 and Abdullah Ghanghro and another v. Mst. Tahira Begum and others 1988 SCMR 970 ref. Badar Munir for Appellant. Respondent in person. Date of hearing: 21st September, 1994. JUDGMENT This appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 (hereinafter called `the Ordinance') is directed against an order dated 2nd May, 1994, passed by learned Rent Controller Court No. III, Karachi East striking of the defence   of the appellant and directing him to vacate the premises within 60 days for non-compliance with an order dated 16-11-1993 directing the appellant to deposit the arrears of rent amounting to Rs.35,000 within 90 days. Respondent filed an eviction application No.408/1993 under section 15 of the Ordinance seeking the ejectment of the appellant in respect of residential premises on the ground of default in payment of rent from October, 1991 and personal requirement for bona fide use and…