1. Through this petition, the petitioner has assailed the concurrent findings of the Courts below whereby his defence was struck off, for non-compliance of tentative rent order and the appeal was dismissed.
2. Briefly. Respondent No, 1 initiated ejectment proceedings wherein the Rent Controller on 23-07- 2004 passed a tentative rent order directing the petitioner to deposit the arrears of rent in the main case within 30 days and also to deposit future monthly rent. The Rent Controller further granted adjustment of the rent already deposited in Misc. Rent Case No, 295/2002. The petitioner failed to comply with the tentative rent order leading to filing of application under Section 16(21 of Sindh Rented Premises Ordinance, 1979 on 11.09.2004. Respondent No, 1 thereafter, on 05.10.2004 deposited the rent as directed and submitted an explanation that since his counsel had an heart attack, therefore he (the counsel ) was not in a position to inform him regarding the tentative rent order and therefore the same could not be complied with. The plea was not accepted and the defence of the tenant was struck off and the appeal was also dismissed: Learned counsel for the petitioner has contended that Respondent No, 1 has withdrawn rent from the Misc. Rent Case on 22.07.2003, 04.12.2003 and 08.10.2004 i,e, before and after passing of tentative rent order, therefore default if any, is technical.
3. On the other hand, learned counsel for Respondent No, 1 has said that non deposit of rent in - complaint of tentative rent order was nothing but negligence on the part of the petitioner and such default could not be termed technical .
4. Since the effect of withdrawal of rent by the landlord from the Misc. Rent Case before and after passing of tentative rent order was not considered by the Courts below therefore after arguing the matter at length, both the learned counsel have agreed that both the impugned orders be set aside and the case be remanded to the Rent Controller to decide the same on merits. Learned counsel for Respondent No, 1/landlord has shown his anxiety for an earlier disposal of rent case as it was filed in the year 2003 and four years have already lapsed.
5. In the circumstances, this petition is disposed of in above terms and the Rent Controller is directed to decide the rent case on merits within 60 days and to report compliance to this Court through M.I.T.