Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)-------Ss. 17(8) & 17(9)---Striking off defence of tenant---Tenant failed to deposit tentative rent in due time---Delay of 13 days in deposit of tentative rent---Reason for delay was stated to be due to ailment of the wife of tenant---Medical Certificates produced by tenant did not pertain to the period during which tentative rent was to be deposited---Tenant did snot state that there was no other person in the house of tenant who could deposit the rent---Default, therefore, was sufficient to strike off defence in circumstances. Tahir Hussain v. Saeed Ahmad Khan Lodhi 1993 CLC 519; Dr. Shafique Ahmed v. Mst. Surraya Sultana 1996 CLC 399 and Abdul Malik Shamsi v. Muhammad Shamim 1986 CLC 540 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(8)---Order of deposit of tentative rent---Adjustment---Arrears of rent cannot be adjusted from security deposit. Mrs. Zarina Khawaja v. Agha Mahboob Shah PLD 1988 SC 190 and Syed Asghar Ali Imam v. Muhammad~ Ali PLD 1988 SC 228 ref. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(8)---Recording of evidence---Procedure---Rent Controller is not required to record evidence for the purpose of passing an order under S.17(8) of Cantonments Rent Restriction Act, 1963. Maqbool Elahi v. S. Anwer Tauheed 1984 CLC 626; Syed Abdul Hakim and others v. Ghulam Mohiuddin PLD 1994 SC 52 ref. Syed Saeed Hassan Zaidi for Appellant. Iftikhar Javaid Qazi for Respondent. ORDER Allowed but subject to all just exceptions. 2 and 3. This is an appeal under section 24 of the Cantonments Rent Restriction Act, 1963, directed against an order, dated 12-9-1996 passed by Alditional Rent Controller, Clifton, Karachi in a Rent Case No, l of 1996, Mst. Jamila Khanum v. Saeed Ahmed Khan whereby the defence of the appellant was struck off under section 17(9) of the Cantonments Rent Restriction Act, 1963 with the directions to vacate the premises within 30 days. The order of Additional Rent Controller, Clifton, Karachi, dated 10-7-1996 passed under section 17(8) of Rent Act runs: "In the circumstances, I tentatively direct the opponent to deposit the arrears of rent, w.e.f. May,…

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