1987 SCMR 1013 SUPREME-COURT

Full text

MAJOR (RTD.) A.S.K. SAMAD VS A HUSSAIN Ejectment--TERM , Sindh Rented Premises Ordinance 1979--16 , ---S. 16 (2)--Ejectment--Default in deposit of rent--Technical in nature--Effect of--Wife of landlord executing rent deed with tenant-appellant describing herself as owner of property--Dispute between parties--With permission of Rent Controller, tenant depositing rent in Court regularly--Afterwards landlord filing ejectment petition--Orders to deposit rent in subsequent proceedings not complied with--eviction orders passed by Rent Controller on that account, challenged--Since rent was being regularly deposited by tenant in earlier proceedings and amount was being withdrawn by wife of landlord who was also a co-applicant in subsequent ejectment proceedings, held, appellant-tenant could not be condemned for having been guilty of disobedience of order of Rent Controller so as to entail penalty of his eviction from demised premises--eviction