1. ' This appeal is directed against order dated 7-8-1994 passed in Rent Case No,830/92, whereby the defence of the appellant was struck off by the learned Trial Court under section 16(2) of the Sindh Rented Premises Ordinance, 1979, because of non-compliance of the order dated 1-12-1993, whereby the appellant was directed to deposit the arrear of rent w,e,f, July, 1992 to December, 1993 at the rate of Rs,2,000 per month, within 60 days from the date of the said order and to clear the electricity bills, K.M.C. Taxes and Sui Gas bills up to December, 1993 within the same period and to deposit future monthly rent w,e,f, July, 1994 and on wards on or before 5th of each calendar month at the rate of Rs,2,000 per month.
2. ' It is admitted by the learned counsel for the appellant that the appellant has not deposited the aforesaid arrears of rent or even the future rent and other charges or any part thereof. He submits the agreement executed between the parties not being in consonance with section 5(2) of Sindh Rented Premises Ordinance, 1979, no relationship of landlord and tenant came to exist between the parties and, therefore, the rent proceedings commenced by respondent No,1 were coram non judice. The learned counsel has placed reliance on Habib Ahmad v. Liaquat Hussain (PLD 1985 Kar.
3. 741) in which a learned Judge of this Court (as he then was) while interpreting section 5(1) had observed that under the said such section any agreement by which any premises is to be let out is to be reduced to writing and has further observed that in other words the oral agreement in respect of such transaction would have no legal force and hence would not be permitted to be used as basis for any litigation in respect of any matter including ejectment of the tenant under the Ordinance. In the instant case respondent No,1 had filed the ejectment case pleading that the appellant was her tenant at the aforesaid rate of rent payable in advance before 5th of each English calendar month and that he had failed to pay rent and other charges since July, 1992. The appellant in her written statement admitted the tenancy between the parties including quantum of rent and the other charges payable, but took the plea that the rent and other charges were being paid by her regularly and respondent No,1 having received such payments due up to November, 1993 had refused to accept the rent that become due and payable thereafter with mala fide intention. Thus, in the pleadings relationship of landlord and tenant and rent and other charges payable were admitted by the appellant unlike the reported case. The authority relied upon by the learned counsel for the appellant in the facts and circumstances of this case is distinguishable.
4. It being an admitted fact that the appellant has failed to deposit arrear of rent and so also other dues payable by her in terms of the order passed under section 16(1) of the Sindh Rented Premises Ordinance, 1979, no exception can be taken to the order impugned in this appeal. The appeal is, therefore, dismissed in limine.
2. In view of dismissal of the appeal, this application is dismissed, having become infructuous.