1. ABDUL QADIR SHAIKH, J.-The Rent Controller, Karachi by the order dated 19th February, 1981 struck- off petitioner's defence in the ejectment proceedings filed by the respondents and directed him to hand over possession of the demised premises to the respondent landlords. Petitioner's plea that he was depositing rent in Court regularly in earlier proceeding between the parties, and thus there was no failure on his part to deposit rent in Court was not accepted. Petitioner's appeal to the Sind High Court was dismissed, and he now seeks leave to appeal.
2. Since it has been shown that petitioner was depositing rent in Court in earlier proceedings and the amount was being withdrawn by respondents, learned counsel for the petitioner submits that, at best, the failure on petitioner's part to deposit rent in Court in the case concerned was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.
3. The point raised deserves consideration. Leave is granted ' and ' the petition is allowed. Security Rs.
4. 1,000.
5. The appeal to be heard ors the present record at an early date It is open to the parties to file additional documents, if any.
6. The petitioner shall not be evicted from the demised premises till the appeal is decided, provided he continues to deposit rent in Court in the appropriate proceedings.