1987 CLC 1982 KARACHI-HIGH-COURT-SINDH

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GHULAM NABI VS MUHAMMAD HASSAN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--21 , ---Ss. 15, 16(1)(2) & 21(1)--eviction of tenant--Tentative rent order, non-compliance of--Effect--Original tenant otherwise complying with tentative rent order passed by Rent Controller without committing any default died during pendency of case--Application for striking off defence of tenant on ground of specific default was filed by landlord at time when legal heirs of deceased tenant were not brought on record--Circumstances were beyond control of legal heirs of deceased tenant to deposit rent in time as they were made party when proceedings in respect of tentative rent order under S.16(1)(2) had already been started--Held, if there was any default or delay in complying with tentative rent order and was wilful discretion could have been exercised in favour of legal heirs of deceased tenant particularly when there was no default but was some delay in payment of rent in interest of justice and fairness--Appellate Court allowing appeal, set aside order of Rent Controller and remanded case for decision afresh in accordance with law.