1983 CLC 3051 KARACHI-HIGH-COURT-SINDH

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LALJI VS MOHAMMAD IBRAHIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13-eviction proceedings-Striking of defence-Rent Controller passing tentative rent order directing tenant to deposit arrears of rent and future monthly rent-Tenant failing to comply with and consequently his defence struck off-Contention of tenant that according to tenancy agreement dated 9th April, 1974 he was liable to pay rent at Rs. 15 per month and as he has already deposited a sum of Rs. 1,266 with landlord and Rs. 15 was to be adjusted against this amount-Tenant having second agreement with landlord dated 3rd August, 1977 wherein no mention made of Rs. 1,266 but has only reference to amount of Rs. 500 deposited by tenant with landlord as fixed deposit liable to be refunded when tenant vacates premises and hands over possession to landlord No plea taken on basis of agreement in written statement wherein it was only admitted that appellant was tenant of landlord at monthly rent of Rs. 30 under tenancy agreement of 3rd August, 1977 and no mention made of tenancy