| Citation(s) |
|---|
| 1995 SLG 1205 1995 SLD 1205 1995 CLC 1722 |
Sindh High Court
First Rent Appeal No. 381 of 1991, decision dated: 7-05-1995
NAZIM HUSSAIN SIDDIQUI, J
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First Rent Appeal No. 381 of 1991, decision dated: 7-05-1995
NAZIM HUSSAIN SIDDIQUI, J
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M. FAHIM
VS
Mrs. SHAMIM TAHIRA and another
Law:
Section:
Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16 (1) (2)---Striking off defence of tenant---Rent Controller had directed tenant to deposit arrears of rent within 30 days and also to deposit future monthly rent on or before 10th of each calender month, but tenant neither had complied with order of Rent Controller nor had offered any plausible explanation for its non-compliance---Defence of tenant, in circumstances, was rightly struck off by Rent Controller. Maj. (Retd.) A.S.K: Samad v. Lt.-Col. (Rtd.) A. Hussain 1987 SCMR 1013; M/s. MA. Yahya v. M/s. Nawab A. Malik Estate 1982 SCMR 1160; Ghulam v. Mst. Roshan Bibi 1986 SCMR 1714; Muhammad Bashir v. Mst. Mobina Begum 1988 SCMR 427 and Hussain Trading Co. Karachi v. M/s. Jalal Brother (Pvt.) Ltd., Karachi 1994 SCMR 159 ref. Rashid Akhtar Oureshi for Appellant. Khalid Javed for Respondents. Date of hearing: 28th March, 1995. JUDGMENT This Appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 hereinafter called the Ordinance, is directed against the order dated 9-7-1991, passed by the then Rent Controller, Karachi East, whereby under section 16 (2) of the Ordinance, the defence of the appellant was struck off and he was directed to hand over vacant possession of the. premises in question to the respondents within 60 days from the date of said order. The facts relevant for decision of this appeal are as follows:-- The respondents on 21-12-1988 had filed Rent Case No.987/88 against the appellant for his eviction from the premises, viz. Flat No.B, Ground Floor 43/A, Block 6, P.E.C.H.S., Karachi, on the ground that they had already obtained necessary sanction from KDA about reconstruction and for effecting changes and alterations as to combine the flat in question with the adjoining flat as per sanction No.DCA/DCB-X/Prop-196/88/ACB-III/May 41, dated 25-5-1988. The appellant is a tenant in said premises at monthly rent of Rs.2,400 and his case is that initially the rent was Rs.750 p.m. and gradually it was increased to Rs.2,400 but the respondents are not satisfied and want further increasing rent, and for this purpose the eviction application has been filed. The appellant has claimed that he had…
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