1. ' These are the two appeals filed by the present appellant challenging the orders passed by the Rent Controller in the two cases on 5-7-1992 whereby he has ordered to strike off the defence of the present appellant directing him to hand over the vacant possession of the premises in dispute to the respondent within sixty days from the date of the impugned ordeRs, The two matters pertain to different portions of the same bungalow owned by the present respondent and in occupation of present appellant as tenant thereof and the questions of law and fact relevant for the purposes of these appeals are common. Thus, I intend to dispose of these two appeals by this common order.
2. ' Briefly the facts relevant for the purposes of these two appeals are that Bungalow No,C/60, Block- A, North Nazimabad, Karachi is owned by present respondent. The ground floor of the said bungalow was rented out to the appellant at the monthly rent of Rs,3,500 while the portion from the first floor was also rented out to him on monthly rent of Rs,1,200. On 5-12-1985 the present respondent filed the two rent cases being Rent Case Nos, 4213 and 4214 of 1985 against the present respondent seeking his ejectment on the ground of default in payment of rent since October 1985.
3. In the rent cases an application under Section 16 (1) of the Sindh Rented Premises Ordinance, 1979, hereinafter referred to as the Ordinance, was moved on which orders were passed by the Rent Controller which were challenged in appeal. Twice the matter was taken up before the High Court in appeals at various stages. However, lastly the two rent cases were remanded to the Rent Controller vide judgment passed by this Court in the appeal on 3-2-1991. Consequently the Rent Controller passed a fresh order under section 16 (1) of the Ordinance on 3-9-1991 although at the top of order the date 11-5-1991 is mentioned as per the copy produced in this appeal. By this order the Rent Controller directed the present appellant to deposit the electricity bills as per meter reading and half of the share of water and conservancey charges and other K.M.C. Charges as per agreement for the period from October, 1985 till date within three months and also the agreed rent subject to adjustment, if any, of amount deposited by the opponent in Misc. Rent Case. And also to continue to deposit electricity bill in future before the 10th of each succeeding month and whenever water and other conservancy charges and K.M.C. Taxes become due. Subsequently an application under Section 16 (2) of the Ordinance was moved for striking off the defence of the present appellant on the ground that he has not complied with the above-referred order of the Rent Controller and, therefore, is liable to penalty under this provision. The learned Rent Controller after hearing the arguments of the parties was pleased to pass impugned order on 5-7-1992. Being aggrieved the present appellant has preferred these two appeals.
4. ' I have heard learned counsel for the parties. The learned counsel for the appellant has submitted that the application under section 16 (1) of the Ordinance moved on 30-3-1991 was contested by the present appellant and objections were filed by him. According to the learned counsel, along with objections he had filed statement of account showing that during the period 1986 to 1989 certain amounts were deposited by the appellant towards electricity, water and sewerage taxes and that these amounts should have been ordered to he adjusted against the amounts found due as arreaRs, The learned counsel for the respondent repelling the above contention has submitted that he had also filed objections by way of counter-objections and submitted statement of accounts showing certain amounts to be due in respect of the said bills and charges after the remand of the case also which were not paid by the appellant and, therefore, he was liable to ejectment straightaway. 1 have considered the submissions of the learned counsel and perused the record of the two cases. There is no denying that both the parties had submitted the statements and copies of receipts on one hand and bills on the other hand and on the date (3-9- 1991) when the Rent Controller had passed the order under Section 16 (1) of the Ordinance he could have determined as to what were the amounts due against the appellant on that date and after determining such amount a specific order should have been passed directing the appellant to deposit the said amount in Court by the time to be fixed by him and with regard to future directions could have been given as given in the order. Section 16 (1) of the Ordiance reads as under:- "16. Arrears of rent.--(1) Where a case for eviction of the tenant has been filed, the Controller shall, on application by the landlord and after such summary inquiry as he deems fit to make, determine the arrears of the rent due and order the tenant to deposit the same withint such period as the Controller may fix in this behalf and further direct the tenant to deposit monthly rent regularly on or before the tenth of every month, until final disposal of the case."
5. ' The plain reading of this section shows that the Rent Controller has to pass order under this provision after such summary enquiry and after determining the arrears of the rent due.
6. Determination of the rent due would contemplate that the Rent Controller should have considered the material placed before him by both the parties and having weighed and taken into account the same he should have determined the specific amount due for which such directions or orders could have been passed. In the present case the order of the Rent Controller dated 3-9-1991 on the very face of it is a vague and uncertain order.
7. ' This order of the Rent Controller is an interim order and is not appealable under section 21 of the Ordinance but the same can be challenged in appeal against the final order. The final order is passed under sections 16 (2) of the Ordinance which is a penal provision and is to be construed strictly. The learned counsel for the respondent has submitted that even if the order under section 16 (1) of the Ordinance is defective then also it has to be complied with and non-compliance thereof would be visited with penalty under section 16 (2) of the Ordinance. Reliance has been placed on the case of MRs, Tasneem Usman v. Abdul Majeed (1990 CLC 1317). These facts are not applicable to the present ease as in this case the order is not only defective but is a vague order which does not specify as to what is the amount which the appellant is required to deposit in the Court. Of course, there is no dispute with regard to fact that rent is being deposit regularly but the dispute is only with regard to arrears of electricity bills, water and conservancy charges and also future payment of the same. The learned counsel for the respondent has submitted that the terms and conditions of the agreement provided for payment of suit gas charges by the appellant but a perusal of the order passed by the Rent Controller on 3-9-1991 would show that he has not included the sui gas charges in his order.
8. ' In view of the above discussion it is concluded that the order of the Rent Controller passed on 3-9- 1991 is a vague and unspecific order which is accordingly set aside. Since the order dated 3-9-1991 is set aside the final order passed on 5-7-1992 which is passed on the basis earlier order would also be rendered ineffective and is hereby set aside. I will, therefore, remand the two cases to the Rent Controller with the directions to pass fresh order under section 16 (1) of the Ordinance, in view of the observations made above. The parties will appear before the Rent Controller on 1-12-1992 at 11.00 A.M. And the Rent Controller shall pass the order under Section 16 (1) of the Ordinance within one week thereof. Since the matter pertains to the year 1985, it is directed that the Rent Controller will proceed with the same expeditiously and dispose of the same within a period of three months from the date of receipt of R&P from this Court. The appeals stand accepted in the above terms with no order as to costs.