Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16(1),16(2),13(6)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 16(1),16(2),13(6)

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 16(1) & (2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Passing of tentative rent order---Purpose---Non­compliance of tentative order---Striking off defence of tenant---Very purpose of passing order under S.16(1) of Sindh Rented Premises Ordinance, 1979 was to protect the right and interest of the landlord by way of deposit of rent in the court during pendency of case---Nature of such order, though was always tentative, but still tenant was required to comply with it---Any default in compliance of same would mean not only to deprive landlord of his right of rent of the demised premises, but would import an element of negligence or fault on the part of tenant which would mean something more than the mere non-compliance of rent order---Circumstances, however, might be wherein due to some unavoidable circumstances tenant would not be in a position to deposit rent in time for which a relaxable attitude could be made---In the present case rent order was passed in presence of the counsel of petitioner/tenant and he was well aware of the fact that specific direction for deposit of rent were made, but despite that petitioner continued depositing rent in other case---Even if it was taken that due to some error on the part of petitioner it so happened, then at least after moving application under S.16(2) of Sindh Rented Premises Ordinance, 1979, petitioner should have rectified same, but no such bona fide act appeared on his part---Despite specific direction to petitioner to deposit rent in the right ease, petitioner deliberately avoided to deposit same in court and continued on depositing rent in an another case with mala fide intention just to put landlord under undue pressure---Petitioner having failed to comply with tentative rent order, his defence was rightly struck off. 1979 SCMR 496 and PLD 1967 (sic) 530 ref. Raja Aftab Ahmed Khan for Petitioner. Farooq Rasheed for Respondent. JUDGMENT MRS. YASMIN ABBASEY, J.---This petition has been directed against the judgment of learned District and Sessions Judge, Karachi East, dated 3-9-2005 whereby he has allowed the appeal and has…

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