| Citation(s) |
|---|
| 1996 SLG 1358 1996 SLD 1358 1996 CLC 399 |
Sindh High Court
First Rent Appeal No. 139 of 1993, decision dated: 20-04-1995
ALI MUHAMMAD BALOCH, J
Tanveer Ahmed for Appellant. Abid S. Zuberi for
Respondent
First Rent Appeal No. 139 of 1993, decision dated: 20-04-1995
ALI MUHAMMAD BALOCH, J
Tanveer Ahmed for Appellant. Abid S. Zuberi for
Respondent
Dr. SHAFTQUE AHMED --Appellant
VS
Mst. SURRAYA SULTANA
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16---Tentative rent order of Rent Controller---Non-compliance by tenant---Effect---Tenant's plea was that order in question, being not definite, he was not obliged to comply with the same---Such plea taken by tenant was not warranted, for in said order nothing had been left to be determined but only exercise of arithmetical calculation, which could be made within few minutes time, had been left over by Rent Controller---Tentative rent order passed by Rent Controller was, thus, not vague---Second part of the order in question, viz. deposit of future rent, was also valid direction and non-compliance of that, direction alone would render tenant liable to have his defence struck off and to be ejected. Habib Bank Ltd. v. Noor Ahmed 1990 CLC 1170 and Anwar Ahmed v. Muhammad Sharif 1991 MLD 701 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 26---Civil Procedure Code (V of 1908), 0.III, R.1---Filing of application for ejectment ---Validity---Application for ejectment was filed by person holding power of attorney on behalf of landlady ---Landlady had subsequently filed affidavit wherein she confirmed and validated execution of power of attorney on basis whereof application for ejectment was filed, it could not be deemed, therefore, that application for ejectment was not properly instituted and same could not be termed as nullity in eyes of law. Munir Hussain v. Mst. Mehrunnisa PLD 1982 Kar. 71 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16 & 21---Non-compliance with tentative rent order of Rent Controller---Effect---Conduct of tenant in not complying with direction of Rent Controller would render him liable to ejectment ---Appeal against order of ejectment was not warranted in circumstances. Chaudhry Rahimuddin v. Chaudhry Jamaluddin PLD 1991 SC 484 ref JUDGMENT This First Rent Appeal is directed against the order 23-1-1993 passed by the Vth Senior Civil Judge and Rent Controller, Karachi-East, whereby the defence of the appellant was struck off and he was directed to hand over the vacant possession of the rented premises to the respondent within a period of 3…
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