Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16(2)---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art.185(3)---Defence, striking off---Order of ejectment of tenant was assailed in application under S.12(2), C.P.C.---Leave to appeal was granted by Supreme Court to consider as to whether application of the tenant under S.12(2), C.P.C. was competent against the order of Rent Controller whereby defence of the tenant was struck off for non-compliance of the tentative rent order; that whether High Court was justified in allowing the First Rent Appeal and condoning the delay of one day in depositing the arrears of rent upon the application of the tenant under S.12(2), C.P.C. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 16(2)---Ejectment of tenant---Defence, striking off---Failure to comply with tentative rent order---Delay of one day---Extension of time--­Jurisdiction of Rent Controller---Delay was caused due to wrong advice of the counsel---Before the termination of last date for deposit of tentative rent, the tenant filed application before the Rent Controller for extension of time---Such application was dismissed by the Rent Controller---Tenant deposited the tentative rent on the following day but the Rent Controller passed the order of ejectment ---Tenant assailed the ejectment order in application under S.12(2), C.P.C. which was dismissed by the Rent Controller---High Court allowed the application of the tenant and condoned the delay of one day---Validity---Where Court was of the opinion that there was no mala fides on behalf of the tenant to comply with the order, the Rent Controller always retained inherent jurisdiction under S.16(2) of Sindh Rented Premises Ordinance, 1979, to enlarge time reasonably---In case of non-compliance of order without explaining the circumstances, the tenant deserved no concession of condonation of delay and the Rent Controller was not bound to exercise inherent jurisdiction in his favour---Supreme Court refused to interfere in the order of High Court condoning the delay. Ghulam Muhammad v. Mst. Raj Begum PLD 1962 Quetta 136 rel. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J.…

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