1986 CLC 1653 KARACHI-HIGH-COURT-SINDH

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KARIMULLAH VS M. GULZAR BUTT Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 Ss. 15 & 21--Ejectment--Default in payment of rent--Landlords admission in cross-examination that a specified amount of tenant was lying with him as fixed deposit--Effect--Amount admitted by landlord being precisely equal to amount claimed by landlord as rent arrears--If necessary adjustment was made, no arrears would be outstanding against tenant--Such aspect of case i.e. adjustment of amount lying with landlord towards arrears of rent, having been overlooked by Rent Controller finding of eviction based on default, held, could not be sustained .