Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979)---S. 16 and Constitution of Pakistan (1973), Art. 185(3) Construction of S. 16 of Ordinance XVII of 1979 High Court's view as to S. 16 of Ordinance XVII of 1979 contemplating an order of tentative nature though appearing to be persuasive yet question being of general importance likely to affect large number of cases, authoritative , decision of Court, held, necessary on point Leave to appeal granted. ORDER ABDUL KADIR SHAIKH, J. This petition concerns interpretation of section 16 of the Sind Rented Premises Ordinance, 1979, which reads as follows : "16. Arrears of rent. (1) Where a case for eviction of the tenant has been filed, the Controller shall, on application by the landlord and after such summary inquiry as he deems fit to make, determine the arrears of the rent due and order the tenant to deposit the same within such period as the Controller may fix in this behalf and further direct the tenant to deposit monthly rent regularly on or before the tenth of every month, until final disposal of the case. (2) Where the tenant has failed to deposit tie arrears of rent or to pay monthly rent under subsection (1), his defence shall be struck off and the landlord shall be put into possession of the premises within such period as may be specified by the Controller in the order made in this behalf, (3) Where the rent has been deposited under this section, it shall, subject to such order as the Controller may make in this behalf, be paid to the landlord at the conclusion of the case or on such earlier date as may be specified by the Controller." It is argued that the language of this section is materially different from that of section 13(6) of the West Pakistan Urban Rent Restriction Ordinance, 1959,…

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