1987 MLD 530 KARACHI-HIGH-COURT-SINDH

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NAZAR HUSSAIN VS Mst. AZIZA KHATOON Sindh Rented Premises Ordinance 1979--16 , ---Ss.14 & 16(1),(2)--Object of Ordinance--Regulation of relations between landlord and tenant and protection of their interests in respect of rented premises--Ejectment proceedings--Striking off defence of tenant for failure to deposit rent within specified time--Word "shall" in S.16(2), held, was used not with a view to making the provision mandatory imperative but it was to be directory--Rent Controller must have power to relieve against a drastic consequence if there was a formal or technical default in complying with his order--Such construction would advance the purpose for which Ordinance was promulgated--Circumstances in which the rent for one month was not deposited within time had been explained in counter-affidavit of appellant and affidavit of his counsel--Tenant having done all that was required of him under ,law, he could not be made to suffer for the default--Some delay in making deposit was not of such a nature was to visit the tenant with consequence of striking off his defence-Appeal allowed, order striking off defence set aside and matter remitted to Controller for proceeding further with eviction application.