| Citation(s) |
|---|
| 2000 SLG 1918 2000 SLD 1918 2000 CLC 992 |
Sindh High Court
First Rent Appeal No.312 and Civil Miscellaneous Application No.715 of 1999, decision dated: 30-08-1999
GHULAM RABBANI, J
Syed Arif Ali Shah for Appellant. Syed Sardar Azam for
Respondent
First Rent Appeal No.312 and Civil Miscellaneous Application No.715 of 1999, decision dated: 30-08-1999
GHULAM RABBANI, J
Syed Arif Ali Shah for Appellant. Syed Sardar Azam for
Respondent
SOHAIL BHADKI
VS
Syed FAKHREALAM ZAIDI
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16(1)---Arrears of rent, determination of---Holding a summary inquiry for such determination---Validity---No constraints on Rent Controller in holding a summary enquiry for determination of arrears of rent under S.16(1) of Sindh Rented Premises Ordinance,. 1979. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 16(2) & 21---Ejectment of tenant---Striking off defence---Relationship of landlord and tenant was admitted between the parties and the rate of rent was admitted---Rent Controller passed order under S.16(1) Sindh Rented Premises Ordinance, 1979 for the deposit of arrears of rent---Tenant did not comply with such order of Rent Controller and failed to deposit not only arrears of rent but also future rent---Effect---Rent Controller was justified in striking off the defence of the tenant and passing further orders directing the tenant to vacate tenanted premises. Ali Jan v. Shujauddin PLD 1985 Kar. 698; .1992 MLD 400; 1994 SCMR 159; PLD 1995 Kar. 31 and 1996 MLD 320 ref. ORDER Through this appeal, order dated 12-5-1999 passed by 11Ird Senior Civil Judge and Rent Controller, Karachi Central, striking off the defence of the appellant and directing him, to vacate the premises in question within sixty days of the passing of the said order has been called in question. The Brief facts of the case are that the appellant is tenant of premises bearing No.C-66, Block 10, First Floor Federal "B",Area, Karachi for rent at the rate ,of Rs.7,500 p.m. The t6spondent is landlord of the said premises. He filed the Rent Case against the appellant before the Rent Controller on the ground of default in payment of rent from the month of November, 1997. During the pendency of the said rent case the respondent/applicant moved an application under section 16(1) of the Sindh Rented Premises Ordinance, 1979. On the said application, learned Rent Controller after hearing the parties passed the order dated 10-1'1-1998, operative part whereof is reproduced below:--- , "Hence opponent is directed to deposit monthly rent arrears from November, 1997 to November 1998 at the rate of Rs.7,500 per month amounting to…
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