Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)------Ss. 16 & 21---Tentative rent order passed by Rent Controller---Non­compliance by tenant---Rent Controller striking off defence of tenant and ordering his ejectment --Validity ---Tentative rent order appeared to be vague and indefinite: neither amount of arrears of rent was shown therein, nor the month from which future rent was to he deposited was specified---Tenant was directed to deposit rent before 5th of each calendar month, whereas, future rent was to be deposited on or before 10th of each calendar month is terms of S. 16(1), Sindh Rented 'Premises Ordinance. 1979---Tenant, however, before application for ejectment was filed had been depositing rent in miscellaneous application and after tentative rent order was passed went on depositing rent in the same miscellaneous application---Tenant, thus, had committed only a technical and not wilful default and therefore, he could not be condemned as guilty of not depositing rent in Court---Even otherwise tentative rent order being defective, tenant's appeal was allowed and case was remanded to Rent Controller for further proceedings according to law. JUDGMENT This first rent appeal is directed under section 21 of the Sindh Rented Premises Ordinance, 1979, against the order dated 12-9-1994, passed by learned VI-Senior Civil Judge and Rent Controller, Karachi-South, in Rent Case No.973 of 1973, by which he allowed the application under section 16(2) of the Sindh Rented Premises Ordinance, 1979 (hereinafter referred to as the Ordinance), and struck off the defence of the appellant, by directing him to hand over the vacant possession of the premises in question to the respondent within sixty (60) days. 2. The facts leading to the filing of the above appeal are that the respondent filed an application under section 15 of the Ordinance, being Rent Case No-973 of 1993, for ejectment of the appellant from premises No.79, Wazir Mansion, Awan-e-Tajarat Road, Karachi on the ground of non-payment of rent from January 1988 to May, 1988. The appellant filed the written statement and denied the allegation levelled by the respondent in the rent application. 3. On 24-1-1994…

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