Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16 (1)---Tentative rent order---Rent Controller on an application made by landlord, was obliged to determine arrears of rent due and direct tenant to deposit same within a fixed period and further direct deposit of monthly rent regularly on or before 10th of every month until final disposal of case---Only requirement for passing of such order was that Rent Controller should hold a summary inquiry as he deemed fit on receipt of application from landlord in that respect and would not act suo motu. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16 (1)---Tentative rent order---Calling report of Nazir---Rent Controller before passing tentative rent order, had heard both parties and passed a qualified order allowing adjustment of rent already deposited in the case by tenant towards arrears of rent tentatively determined in his order---Rent Controller at the time of passing said order had before him only application for deposit of rent made by landlord and objections filed by tenant without rent account and receipts for payment or report of Nazir of Court---Tenant contended that in order to determine whether tenant was in arrears of rent, Rent Controller ought to have sent for a report from Nazir with regard to deposit of rent in the case---Held, by not calling for a report from Nazir, Rent Controller neither had acted illegally nor without jurisdiction and by allowing adjustment of amount of rent deposited by tenant in the case towards arrears and treating such deposits as deposit in that case, Rent Controller had acted in a just, proper and fair manner to which no exception could possibly be taken. Major (Rtd.) A.S.K. Samad v. Lt.-Col. (Rtd.) Hussain and another 1987 SCMR 1013; Mahmood Bashir v. Mst. Mubina Begum 1988 SCMR 427 and Hussain Trading Company, Karachi v. M/s. Jalal Brothers (Pvt.) Ltd., Karachi 1994 SCMR 159 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 21 (3)---Appeal---Further enquiry---Scope---Powers of Appellate Authority---Rent account and dates of deposit of rent and period for which rent was deposited by tenant being available on record of Court below, in…

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