2004 MLD 1993 KARACHI-HIGH-COURT-SINDH

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NAEEM AHMED JALBANI VS SARDAR ZAHIR KHAN Appeal--TERM , Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , ---Ss.17(8), 17(9) & 24---Appeal---Striking off defence---Tentative rent order, non-compliance of---Plausible explanation---Scope---eviction order was passed against the tenant on the ground that he failed to deposit tentative rent assessed by Rent Controller---Validity---Tenant was not only required to give plausible explanation for non-compliance of tentative rent order showing that due to unavoidable circumstances for particular period of time he could not comply the order passed by Rent Controller, but also to show that he acted bona-fidely and immediately thereafter had deposited the rest in terms of order passed by Rent Controller---In absence of any satisfactory explanation for non-compliance of his order and that the tenant had not acted negligently, the Rent Controller had to pass order for striking off defence of the tenant--¬High Court declined to interfere with the eviction order passed by Rent Controller Appeal was dismissed in limine.