Law:

Section:

Constitution of Pakistan (1973)---Art. 185 (3)-Sind Rented Premises Ordinance (XVII of 1979), Ss. 13, 16(1)-Striking off defence of tenant on ground of default in deposit of arrears of rent- Eject merit-Presence of counsel of tenant at time of striking of his defence duly noted on order sheet of Rent Controller-Question as to period of arrears of rent, overlapping that of previous proceeding not only specifically not raised before High Court but also that date on which earlier ejectment application been filed not furnished nor shown that rent for period covered by earlier application had actually been included-Question as to territorial juris­diction also not raised earlier-Such questions, held, could not be allowed to be raised at leave granting stage-Petition for leave to appeal dismissed. Abdul Mujeeb Pirzada, Advocate Supreme. Court, instructed by Rashid Akhtar, Advocate-on-Record (absent) for Petitioner. Nemo for Respondent. Date of hearing: 16th January, 1984. ORDER M. S. H. QURAISHI, J.--In an ejectment proceeding instituted on the ground of default in payment of rent, the defence of the petitioner tenant was struck off by the Rent Controller on 14-5-1583, for his failure to comply with an order of deposit of rent. By the same order, the Controller also directed the petitioner's ejectment on merits. His appeal before the High Court having failed on 11-8-1983, he has moved this petition for leave to appeal. 2. A previous ejectment application filed on the ground, inter alia, of default had been dismissed by the Rent Controller mainly for the reason that the landlord had been accepting rents periodically and as such the ejectment sought was not justified. The landlord's appeal before the Additional District Judge had also failed on 23-9-1979. He, thereafter, on 15-6-1980, instituted fresh proceedings again on the ground of default. On his application made under section 16(1) of the Sind Rented Premises Ordinance, 1979, an order of deposit of arrears of and future rents was passed on 9-3-1982. As no deposit was made, the landlord moved an application on 7-6-1982 for striking out the petitioner's defence. The petitioner, however, applied for setting aside…

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