1995 CLC 564 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASGHAR VS KHOLA DIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--3 , Ss. 15, 16(2) & 3(2)---Non-compliance of Rent Controller's order for deposit of rent---Striking off tenant's defence---Validity---Tenant denying relationship of landlord and tenant on the ground that premises in question, belonged to Karachi Port Trust, which was exempted from operation of the Sindh Rented Premises Ordinance, 1979 vide notification dated 15-3-1981 issued by Government of Sindh dated 15-3-1981---Alleged landlord himself admitted in his evidence before Rent Controller, that property in question, belonged to Karachi Port Trust and he had possession over the same--Government of Sindh Notification postulated that property belonging to Karachi Port Trust itself was exempted and not the particular relationship concerning it---Immunity from operation of Sindh Rented Premises Ordinance, 1979, having been conferred on the premises in question, Rent . Controller had no jurisdiction to entertain, hear and adjudicate application concerning such premises---Order of eviction passed by Rent Controller as also interim order of striking off defence of tenant being without jurisdiction were set aside in circumstances.