Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 16(2)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.16(2)---Constitution of Pakistan (1973), Art. 185(3)---Ejectment application--­Striking off tenant's defence for non-compliance of Rent Controller's tentative rent order---High Court upholding Rent Controller's Order---Leave to appeal was granted to examine as to whether order made by the Rent Controller under S.16(1) of the Sindh Rented Premises Ordinance, 1979 for the deposit of water charges and Betterment Tax and future monthly deposit of water charges and/or Betterment Tax, which even otherwise were payable annually and at the end of the year was in accordance with the law; whether the Rent Controller was justified in ordering the future monthly deposit of water charges and Betterment Tax when there was no such prayer made by the landlord in his application under S.16(1) of the Sindh Rented Premises Ordinance, 1979; whether there was any agreement between the parties for payment of water charges and Betterment Tax much less an agreement to pay Rs.81.02 per month towards Betterment Tax as rent or otherwise; what was the effect of the failure of landlord to seek deposit of water charges and Betterment Tax alongwith monthly rent in the earlier Rent Application made 'under the West Pakistan Urban Rent Restriction Ordinance, 1959; whether it was open to the Rent Controller to strike off defence without giving the petitioner an opportunity to establish that the order made under S.16(1) of the Sindh Rented Premises Ordinance, 1979 was itself illegal and unjustified and without affording to the tenant an opportunity of demonstrating that the failure to comply with the order was not wilful; whether the High Court was in error in holding that it was not open to the tenant to urge that the order was on merits unjustified and unsustainable in law and that such a plea could only be raised and determined upon final adjudication of the Rent Application; whether the impugned order was passed without proper application of mind; whether in the facts and circumstances of the case the tenant had defaulted in complying with the order, and the Rent…

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