Law:

Section:

(a) Sind Rented Premises Ordinance (XVII of 1979)-----S. 16(2)--Constitution of Pakistan (19731, Art. 185 (3)--Ejectment-­Default in deposit of rent--Leave to appeal granted to examine plea raised by appellant that he was depositing rent in Court regularly in earlier proceedings between parties, and thus there was no failure on his part to deposit rent in Court, and in any case, failure, if any, was only technical in nature and should not entail penalty of his eviction from demised premises. (b) Sind Rented remises Ordinance (XVII of 1979)- ---S. 16 (2)--Ejectment--Default in deposit of rent--Technical in nature--Effect of--Wife of landlord executing rent deed with tenant-appellant describing herself as owner of property--Dispute between parties--With permission of Rent Controller, tenant depositing rent in Court regularly--Afterwards landlord filing ejectment petition--Orders to deposit rent in subsequent proceedings not complied with--Eviction orders passed by Rent Controller on that account, challenged--Since rent was being regularly deposited by tenant in earlier proceedings and amount was being withdrawn by wife of landlord who was also a co-applicant in subsequent ejectment proceedings, held, appellant-tenant could not be condemned for having been guilty of disobedience of order of Rent Controller so as to entail penalty of his eviction from demised premises--Eviction order set aside and case remanded to proceed in accordance with law. JUDGMENT ABDUL KADIR SHAIKH, J.-- Facts of this case briefly stated are that by an agreement dated 1-9-1974 executed by appellant and Begum Altaf Hussain, respondent No. 2 who is the wife of Lt.-Col, (retired)Altaf Hussain, respondent No.1, appellant occupied the demised premises as a tenant on monthly rent of Rs.600. In the lease agreement Begum Altaf Hussain described herself .as the owner of the property it is the case of respondents however, that Lt.-Col. (retired) Altaf Hussain is the owner of the property and his wife had let out the premises when he was out of the country. On account of dispute between the parties appellant started depositing rent in Court after obtaining permission of the Rent Controller in this…

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