Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16(1)(2)---Non-compliance of tentative rent order---Striking off defence---Application for passing tentative rent order for deposit of arrears of rent and future monthly rent, was filed by landlord in presence of counsel of parties and copy of such application was given to counsel for tenant and matter was adjourned---On adjourned date of hearing neither tenant nor his counsel was present and Rent Controller passed tentative rent order by which tenant was called upon to deposit arrears of rent and future monthly rent within specified time---Application having been filed by landlord to the effect that tenant had defaulted in depositing rent in terms of tentative rent order, Rent Controller struck off defence of tenant and passed ejectment order against him for non-compliance of tentative rent order---Tentative, rent order though was not technically complied with by tenant, but he had deposited in Court entire rent that he was required to deposit under tentative rent order---Tenant and his counsel were not present in Court on date when tentative rent order was passed---Had tenant knowledge that rent order was passed against him requiring him to deposit arrears of rent and monthly rent, he would not have moved miscellaneous application for deposit of rent in Court---Default, if any, on part of tenant being a technical default and not wilful default, his defence should not have been struck off and he should not have been ejected on that ground---Order striking off defence and ejectment of tenant, was set aside and case was remanded to Trial Court for disposing of rent application according to law. Abdullah Ghanghro and another v. Mst. Tahira Begum and another 1988 SCMR 970; Khalid Parvez v. Muhammad Hanif Kiani 1991 MLD 2711; Mst. Rashid Jehan v. Muhammad Ashfaq 1991 MLD 2619; Noor Muhammad and another v. Mehdi PLD 1991 SC 711; Maqsood Ahmed Khawaja and another v. Asmat Begum 1985 CLC 1945; Barkat Ali v. Noor Hussain Alwani 1985 CLC 2445; Mst. Mukhtiar Begum v. Dildar Ahmed 1994 CLC 1210;Syed Khadim Hussain Abedi v. Mst. Geti Ara Begum 1984 CLC 68; Abdul Hafeez v. Mst. Zubeda Khatoon 1992 CLC 471; Ghulam…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492