1987 PLP 2052 (SCMR)

MIAN BURHANUDDIN KHAN, J.‑‑ The petitioner is a tenant in the disputed commercial premises bearing Shop No. 2 on Plot 20/8 Firdaus Colony, Karachi. Respondent No. 1/landlord filed an ejectment application in October, 1982 alleging default in payment of rent since March, 1977 till date. Respondent No.1 also alleged sub‑letting of the premises to respondent No. 2 Niazi Muhammad Hanif. The petitioner and respondent No. 2 controverted the allegations in their written statements. Respondent No. 1 filed an application under section 16(1) of the Sind Rented Premises Ordinance, 1979 praying for a rent deposit order to which the petitioner objected on the ground that he was not in default because since the day the landlord refused to accept the rent, he was depositing the same in Court in Rent Miscellaneous Case No. 4073/1982 regularly. The learned Rent Controller passed an order calculating arrear of rent for 52 months (October, 1979 to February, 1983) at the rate of Rs.154 per month, for total amount of Rs.8,162 and left the adjustment of the amount so far deposited by the petitioner to be adjusted by him later on. Being aggrieved of the order of the learned Rent Controller the petitioner filed Regular First Appeal No. 332/1985 in to Sind High Court which was dismissed vide the impugned judgment, dated 1‑12‑1986.

2. Petitioner being dissatisfied with the impugned judgment now seeks leave to appeal on the grounds that the learned Rent Controller without properly determining the amount of arrear of rent as required in law, passed an order wrongly calculating the arrear for 52 months and directed the petitioner to deposit the current rent in each calendar month that the impugned rent deposit order is vague inasmuch as it does not specifically directs that all the arrear rent and current rent is to be deposited in the ejectment case, therefore, the petitioner as usual deeming the deposit made by him to be deposit in Court, deposited the arrear rent amounting to Rs.5,544 as well as the current rent for 4 months in advance in the said miscellaneous case. Learned counsel relied on Major (Rtd.) A.K.S. Samad v. Lt.‑Col. (Rtd.) A. Hussain and another 1983 S C M R 773 wherein leave was granted by this Court observing:‑ "Since it has been shown that petitioner was depositing rent in Court in earlier proceedings, and the amount was being withdrawn by respondents. Learned counsel for the petitioner submits that, at best, the failure on petitioner's part to deposit rent in Court in the case concerned was of technical nature and should not entail penalty under subsection (2) of section 16 of the Sind Rented Premises Ordinance 1979. We grant leave to consider inter alia the points raised by the learned counsel. Security rupees one thousand. To be heard on the present record with liberty to the parties to file additional documents, if desired. Stay granted by this Court on 23‑2‑1987 shall continue till the decision of the appeal. S. Q./K‑32/S Leave granted.