Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S.16 (1) (2)---Striking off defence of tenant---Rent Controller after making summary enquiry in respect of rate of rent of premises, ordered tenant to deposit arrears of rent and future monthly rent at rate of rent claimed by landlord---Tenant, instead of depositing rent in the case at the rate of rent claimed by landlord, had chosen to deposit rent at rate of rent alleged b y him in another miscellaneous case instead of in the case as ordered b y Rent Controller---Tentative rent order passed by Rent Controller, having not been complied with by tenant, Rent Controller was justified in striking off defence of tenant and directing his ejectment from premises in dispute. Dr. Abdullah Ghangro v. Tahira Begum 1984 CLC 3102 and 1983 CLC 2211 and Ch. Rahimuddin Appellant v. Chaudhry Jalaluddin PLD 1991 SC 484 ref. JUDGMENT The appellant has preferred this appeal being aggrieved with the order dated 30-9-1993 passed by the IIIrd Senior Civil Judge and Rent Controller, Karachi Central in Rent Case No. 98 of 1993 whereby the appellant/tenant's application dated 22-8-1993 seeking to modify the tentative rent order dated 13-7-1993 was dismissed while the application under section 16 (2) of the Sindh Rented Premises Ordinance for striking of the defence of the appellant/(Tenant) from the premises was allowed. The brief facts of the case are that appellant is tenant in respect of shop premises situated and doing business under the name and style of "Italian Tailors". Mst. Haseena Khatoon respondent purchased the demised premises from Islam Hussain. It is case of the respondent that the appellant/tenant used to pay Rs.400 as rent to the previous landlord excluding electricity and other charges. Respondent/landlady approached the learned Rent Controller for ejectment of the opponent/appellant from the shop and filed Rent Case No. 98 of 1993 while the appellant filed his written statement and claimed that rate of rent was Rs.150 per month and that he had been depositing the rent in the Rent Controller's Office in Miscellaneous Application at the rate of Rs.150 per month. After filing of the written statement the learned Rent…

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