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1987 CLC 1971 KARACHI-HIGH-COURT-SINDH

Sindh · 1987

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NAJAF KHAN VS TAJAMAL HUSSAIN Sindh Rented Premises Ordinance 1979--16 , Sindh Rented Premises Ordinance 1979--20 , Sindh Rented Premises Ordinance 1979--21 , Ss . 15 , 16(1) (2) , 20 & 21(1)--eviction of tenant--Non-compliance of tentative rent order--Striking off defence--Remedy against--Review application--Maintainability of--Tenant's defence struck off under S.16(2) due to non-compliance of tentative rent order and final ejectment order was passed against him in consequence thereof--Tenant instead of filing appeal against such order under S.21(1), filed review application before Rent Controller after about 3 months from passing of such ejectment order--Review application was purported to be filed under S.16(2), but there being no provision under that section for review, application, was not maintainable--However, even if same was entertained by Rent Controller and was rejected after hearing parties, appeal against such rejection was also not maintainable--Appeal against final ejectment order filed after rejection of review application being hopelessly barred by limitation was also dismissed being maintainable in circumstances.