Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16(2)

(a) Constitution of Pakistan (1973)--Art. 185(3)--Sind Rented Premises. Ordinance (XVII of 1979), S.16(2)--Rent Controller striking off defence of tenant for non-compliance of order of deposit of rent--Rent Controller on 5-5-1981 directed tenant to deposit arrears of rent from September, 1980 to April 1981 at the rate of Rs.900 p.m. within thirty days--Tenant depositing Rs.3,600 or 21-5-1981 and Rs.8,100 on 4-7-1981--Leave to appeal granted to consider whether on admitted facts of case, tenant could be held guilty of non-compliance of orders of Rent Controller made under S 16(2) o1 Ordinance, 1979. (b) Sind Rented Premises Ordinance (XVII of 1979)--S.16(2)--Order of Rent Controller to deposit arrear of rent to tenant--Non-compliance with such order--Bank drafts having admittedly been issued in the name of landlord, and not of the Court, held, could not be treated to be a deposit in compliance of order of Rent Controller. JUDGMENT M.S.H. QURAISHI, J.-- The appellant is aggrieved by the order of the High Court whereby his appeal from the order of the Controller striking off his defence for non-compliance of an order of deposit of rent, was dismissed. By the order made on 5-5-1981, the Controller had directed the appellant to deposit arrears of rent from September, 1980 to April, 1981 at the rate of Rs.900 p.m. within thirty days. The appellant deposited Rs.3,600 on 21-5-1981 and Rs.8,100 on 4-7-1981. This was held to amount to a wilful and negligent defiance of the deposit order and accordingly his defence was struck out. 2. Leave was granted to -consider whether…

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