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Petitioner: ABDUL GH AFOOR VS Respondent: SARWAT SAMINA SHAH
Court Name: Sindh High Court Judge(s): Naimuddin Ahmed Title: ABDUL GH AFOOR vs SARWAT SAMINA SHAH Case No.: Appeal No,450 of 1985 Date of Judgment:1985-12-18 Reported As: 1986 MLD 318 Result: Appeal accepted
JUDGMENT
JUDGMENT ' This appeal is from the order dated 17-4-1985 whereby, the defence of the appellant has been struck off for non-compliance of the order dated 9-8-1981. 2. By the said order the appellant was directed to deposit a sum of Rs,300 being the arrears of the rent from June, 1977 to July, 1981, at the rate of Rs,26 per month on or before 5-10-1981. The Controller however, allowed the opponent to adjust the amount of rent if any, deposited in Miscellaneous Rent Case No, 3531 of 1979. This order is defective as the Controller has not determined the exact amount of arrears after allowing adjustment of the amount of rent if any, deposited by the appellant and is therefore, hit by the rule laid down by a Division Bench of this Court in the case of All Jan v. Shujauddin PLD 1985 Kar. 698. I would, therefore, set aside the impugned order relatin to deposit of the arrears of rent and direct the Controller to pass fresh order according to law. 3. I may however, clarify that so far as the order as to deposit of future rent is concerned questioned before me by Mirza Abdul Rasheed, Advocate. 4. Mr. Altaf K. Allana, Advocate for the respondent states that the appellant has also not complied with the order of the Controller as to deposit of the future rent. If it is so, the respondent shall be at liberty to make fresh application before the Controller for striking off the defence for non- compliance of the order, which application if made, shall be decided according to law. 5. The appeal is disposed of in above terms.