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First Rent Appeal No. 888 of 1984, decided on 22nd January, 1986.

‑‑‑S. 16(1)‑‑Deposit of rent‑‑Counsel for respondent conceding that rent order passed by Rent Controller was not sustainable and that he would have no objection if appeal was allowed and case remanded to Rent Controller with direction to pass rent order under S.16(1) of Ordinance in accordance with law‑‑Order passed accordingly.

P L D 1985 Kar. 698 rel.

Shafaat Hasan for Appellant.

Abdul Alim K. Talib for Respondent.

Date of hearing: 22nd January, 1986.

After I heard the learned counsel for the parties at some length the learned counsel for the respondent conceded that in view of the decision of this Court in the case of Ali Jan v. Shujauddin P L D 1985 Kar. 698 the order of the Rent Controller cannot be sustained and he has no objection if the appeal is allowed and the case is remanded back to the Rent Controller with the direction to pass rent order under section 16(1) in accordance with the law. I accordingly allow this appeal, set aside the order of the Rent Controller and remand the case back with the direction that a fresh rent order may be passed in the case under section 16(1) of the Sind Rented Premises Ordinance, 1979 in accordance with the law. In view of the fact that the case was filed in the year 1979 the Rent Controller is further directed to dispose of the rent within six months from the date of receipt of R&P. The parties are directed to appear before the Rent Controller on 11‑2‑1986 on which date the Rent Controller after taking into consideration the rival contentions may pass appropriate rent order under section 16(1) of the Ordinance in accordance with the law. In the circumstances of the case, there will be no order as to costs.

M . Y . H . ‑‑‑‑‑ Order accordingly.

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