2022 CLC 653 KARACHI-HIGH-COURT-SINDH

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TAYABA JAMA MASJID TRUST SAUDABAD, KARACHI VS Mst. AQEELA Begum Ss.15 & 16---eviction petition---Arrears of rent---Defence, striking off---Scope---Petitioner filed ejectment application under S. 15 of the Sindh Rented Premises Ordinance, 1979---Rent Controller struck off defence of the respondent under S. 16(2) and allowed the ejectment application on the ground of non-compliance of order passed by him under S. 16(1) of Sindh Rented Premises Ordinance, 1979---Appellate Court allowed the appeal, directed the Rent Controller to record evidence of both parties and decide the case on merits---Validity---Landlord had not taken ground of committing default by the tenant in payment of monthly rent, but during pendency of the case he had filed an application under S. 16(1) which was allowed---Rent Controller had rightly issued direction to the tenant to withdraw the rent deposited in petition filed by her and deposit monthly future rent in the landlord's case---Order passed by Rent Controller was maintained and that of Appellate Court was set aside.