Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S16 (1) (2)---Striking off defence of tenant---Tenant who had failed to deposit arrears of rent and future rent in compliance with tentative rent order of-Rent Controller, even after order of eviction was passed against him, had not filed objections to application filed by landlord for striking off defence of tenant---Tenant had simply stated that he could not comply with order of Rent Controller as at relevant time he was in jail hospital---Tenant could have complied with tentative rent order by arranging deposit of amount of arrears of rent and future rent through his Advocate---Defence of tenant, in circumstances was rightly struck off for non-compliance of tentative rent order passed by Rent Controller. ORDER This is an appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 from the order of the Controller dated 1-8-1987, whereby the defence of the appellant has been struck off and he has been directed to hand over possession of the premises to the respondent in the following circumstances. The respondent filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 for eviction of the appellant on the ground that he required the premises for personal use and occupation. On 15-i1-1986, as per original record of the rent case, an application under section 16(1) of the Ordinance was moved for a direction to the appellant to deposit the arrears of rent amounting to Rs.19,800. The application was heard on 23-12-1986 in the presence of the Advocate for the respondent and junior of the Advocate for the appellant whereby, the appellant was directed to deposit arrears of rent from January, 1986 to December, 1986 @ Rs.1,800 per month amounting to Rs.20,100 within 30 days of the order and he was further directed to deposit future rent from January, 1987 on or before 10th of each succeeding month. The appellant made default in payment of the rent, therefore, on 10-3-1987, the respondent moved an application under section 16(2) of the Ordinance for striking off the defence of the appellant. Copy of the application was received by the Junior of the Advocate for the appellant and the…

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