Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 16(1)(2) & 21---Striking off defence---Power of Appellate Court--­Appellate Court had power to strike off defence of a tenant who had failed to deposit arrears of rent and future monthly rent of premises in accordance with tentative rent order passed by Rent Controller under section 16(1) of the Ordinance, 1979. Qadir Khan v. Mst. Kishwar Begum and others 1983 CLC 613; Sh. Bashir Ahmad v. Nazir Ahmad and another PLD 1980 Lah. 302; Masjid-e­Humra v. Zamir Ahmad 1982 CLC 2193; Jalal Din and another v. Azizudin and another PLD 1963 Lah. 436; M. Imamuddin v. Surriya Khanum PLD 1991 SC 317 and Ghulam Muhammad Khan Lundhkhor v. Safdar Ali PLD 1967 SC 530 ref. Waheed Farooqui for Appellant. Rehanul Hassan Farooqi for Respondent. ORDER By order dated 4-10-1992 passed by this Court, the appellant was directed to continue to deposit the monthly rent as ordered by the Court. It was further ordered that C.MA. No. 631 of 1992 was to be heard alongwith the main appeal which may be fixed for hearing after four months. C.MA. No. 631/92 was moved by the appellant to the effect that the operation of the impugned order may be suspended till the final disposal of this appeal. 2. Present C.M.A. No. 1194/93 has been moved by the respondent praying therein that the defence of the appellant may by struck off and the stay order in respect of the operation of the impugned order may be vacated, as the appellant has failed to deposit the monthly rent in accordance with the order of the learned Rent Controller. The report of the Nazir is placed on record. Counter-affidavit has been filed by appellant Seed Akhtar Malik who reiterated that there had been no default in compliance with the order passed by the Rent Controller for deposit of the arrears of rent and future monthly rent. He further pleaded that charges in respect of the electricity and gas bills were also to be adjusted towards the monthly rent. It was also submitted that the appellate Court had no power to strike off the defence of the appellant. Mr. Rehanul Hassan Farooqi, learned counsel for the respondent submitted that the appellant was required to deposit monthly…

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