Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--­ ----S. 16(1)(2)---Striking off defence---Rent Controller after holding summary enquiry on basis of record, passed order for deposit of tentative rent, but tenant admittedly failed to comply with tentative rent order---Tenant, who tacitly admitted non-compliance of tentative rent order, contended that Rent Controller, should have examined his witnesses before passing tentative rent order---Contention was repelled, holding that no question of recording evidence of witnesses arose before passing tentative rent order---If order under S. 16(1) of Ordinance, 1979 was passed after recording evidence and determining arrears, then there would be no question of passing order for tentative deposit of rent, because question of arrears would stand finally determined and a final order granting or rejecting ejectment petition, could be passed rendering S. 16 of Ordinance, 1979 quite redundant. Syed Tahir Hassan Gardezi v. Abid Hussain Qureshi 1986 MLD 2980; Abdul Ghafoor v. Sarwat Samina Shah 1986 MLD 318; Ali Jan v. Shujauddin PLD 1985 Kar. 698; Mst. Khalida Begum v. Mst. Amtul Baqi and another 1988 CLC 306 and Muhammad Bashir v. Allah Dad 1983 CLC 1309 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16(1)(2)---Tentative rent order---Non-compliance of---Tentative rent order passed under S. 16(1) of Ordinance, 1979 consisted of two parts, first part was in respect of deposit of arrears of rent while second part was in respect of deposit of monthly rent---Both parts were independent of each other and even when part pertaining to deposit of arrears was defective and illegal, other part pertaining to future monthly rent, must be complied with if it was valid and legal---Tenant admittedly had defaulted in deposit of monthly rent for more than two years and whatever rent had been deposited by tenant, was always deposited by him late and it had also been proved that tenant had defaulted in deposit of arrears of rent---Even if default in respect of arrears of rent was ignored, the defence of tenant was still liable to be struck off for colossal default of more than two years in deposit of monthly rent---Defence…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492