1999 SCMR 2234 SUPREME-COURT

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MUHAMMAD USMAN VS MUHAMMAD HANIF Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979 S. 16---Order of ejectment on. ground of default in payment of electricity charges to electric supply company by tenant---Rent Controller gave tentative direction to the tenant to deposit arrears of electricity charges ---Validity--Tenant had challenged the authenticity of relevant electric bills and on rectification of §aid bills by the Electric Supply Company he cleared the entire amount of said bills---Effect---Circumstances manifestly disclosed that default in payment of electricity charges or non-compliance of the order of Rent Controller to deposit the electricity Pills by the tenant was neither unlawful nor deliber4te---Events cle4fly revealed that landlord did not have valid cause of action for initiating eviction proceedings merely on the ground of default in payment of defective electricity bills---pent Controller, while making tentative direction for depositing arrears of electricity charges, had blatantly disregarded essential requirements of law---Original order of Rent Controller being defective, all subsequent actions culminating in judgment being devoid of lawful authority, would crumble down in circumstances.