1. ' This is an appeal under section 21 of the Sindh Rented Premises Ordinance, 1979 from the order of the Controller dated 1-8-1987, whereby the defence of the appellant has been struck off and he has been directed to hand over possession of the premises to the respondent in the following circumstances.
2. ' The respondent filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 for eviction of the appellant on the ground that he required the premises for personal use and occupation. On 15-11-1986, as per original record of the rent case, an application under section 16(1) of the Ordinance was moved for a direction to the appellant to deposit the arrears of rent amounting to Rs,19,800. The application was heard on 23-12-1986 in the presence of the Advocate for the respondent and junior of the Advocate for the appellant whereby, the appellant was directed to deposit arrears of rent from January, 1986 to December, 1986 @ Rs,1,800 per month amounting to Rs,20,100 within 30 days of the order and he was further directed to deposit future rent from January, 1987 on or before 10th of each succeeding month.
3. ' The appellant made default in payment of the rent, therefore, on 10-3-1987, the respondent moved an application under section 16(2) of the Ordinance for striking off the defence of the appellant.
4. Copy of the application was received by the Junior of the Advocate for the appellant and the appellant was given time till 11-4-1987 for filing objections. On 11-4-1987, the appellant moved an application for extension of time for filing objections and the case was adjourned to 4-5-1987. On this date, again an application was filed for adjournment to some other date and for extension of time for filing counter-affidavit to the application under section 16 (2) of the Ordinance.
5. Accordingly, the time was granted and the hearing was adjourned to 11-7-1987. On this date,again an application was moved for adjournment and for extension of time and the hearing was adjourned to 23-7-1987 but by way of last chance. Still the appellant did not file objections and again on 23-7-1987, he moved an application for another date on the ground that the appellant was in the jail hospital. This ground was also mentioned in the application dated 11-4-1987 and also in subsequent application. But the application was rejected and the case was fixed for orders on 1- 8-1987 which was passed accordingly and now is impugned in this appeal.
6. ' I have heard Mr. S.D. Rana, learned counsel for the appellant and have gone through the record of the case. Mr. Muhammad Muzaffarul Haque, Advocate on pre-admission notice has submitted that there is no deposit of rent. It is admitted fact that the appellant has not deposited a single rupee on account of arrears of rent or future rent till today. In my opinion he was given more than necessary opportunities to file objections to the application under section 16(2) of the Ordinance, but in spite of repeated adjournment and last chance being afforded to him on 11-7-1987 and hearing being adjourned to 23-7-1987, he did not file any objections. Learned counsel for the appellant states that the appellant was in jail hospital up to 4-8-1987. Now, firstly he could have complied with the order of the Controller by arranging the deposit of the amount of arrears of the rent and future rent through his Advocate. Secondly he has not deposited any amount even after the order of eviction was passed just to establish his bona fides.
7. ' I, therefore, find no merits in this appeal and 'accordingly dismiss it in limine alongwith the interlocutory application.