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---According to tentative rent order passed by Rent Controller tenant was directed to deposit future monthly rent on or before specified date, but tenant had deliberately failed to deposit rent in ejectment application according to said direction---Deposit of rent in miscellaneous rent case by tenant after passing of tentative rent order of Rent Controller, was not valid in respect of main case---Tenant having failed to comply with tentative rent order his defence was rightly struck off. PLD 1964 Kar. 418; PLD 1965 Kar. 367; Amir Ali and others v. M/s. Burma Oil Mills Ltd. 1990 SCMR 1327; Muhammad Naeem and another v. M/s. Karimi Bidi Works through Partners 1992 CLC 2499; Hussain Trading Company, Karachi v. M/s. Jalal Brothers (Pvt.) Ltd., Karachi 1994 SCMR 159; M. Fahim v. Mrs. Shamim Tahira and another 1995 CLC 1722; M/s. Paramount Linen v. Mst. Shagufta Muzaffar 1997 CLC 221 and Najmuddin v. Anis Fatima 1991 SCMR 64 ref. Talmiz S. Burney for Appellant. Azizuddin Qureshi for Respondent Date of hearing: 10th March, 1997 JUDGMENT This appeal is directed against the order dated 23-8-1995, passed by learned 1st Rent Controller Karachi-South, striking off defence of the appellant and directing him to   hand over vacant possession of the premises to the respondent within two months. Briefly the facts, as stated by the appellant, are that he was the statutory tenant of Shop No. 15, Zainab Manzil, Kazi Khuda Bux Road, Artillery Maidan, Karachi, at the rent of Rs.100 per month excluding electricity charges. It is alleged by the appellant that he had obtained the shop on Pugri from the respondent on payment of a sum of Rs.1,50,000. Monthly rent was collected by the respondent himself according to his own convenience and he used to issue rent receipts after two or three months. The respondent on 6-10-1992, it is said, filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 (hereinafter called "the Ordinance"), for ejectment of the appellant. Appellant filed a written reply denying various allegations made in the rent application for…