Messrs KASHMIR DEVELOPMENT CORPORATION Versus NOOR HUSSAIN

1. The stay application has been fixed for hearing, but with the consent of both the parties the main appeal has been heard. The appellant has challenged the order passed by the learned Controller under section 16(2) of Sind Rented Premises Ordinance, 1979, on the ground that order for deposit of rent was complied with. The defence taken was that the rent was being regularly deposited in Miscellaneous Rent Application No. 1104/74 and no default in compliance of that order has been made. However, the ejectment order was granted treating it to be a default. Both the learned counsel agree that in view of Maj. Rtd. A.S.K. Samad v. Lt. Col. A Hussain and another 1987 SCMR 1013 no default has been committed by the appellant. By consent the appeal is allowed. Impugned order of the Controller is set aside. The inter locutory application is also dismissed. Now the case will be remanded to the Controller for further proceedings in the matter.

2. H.B.T./K‑100/K

3. Case remanded.