HYDER KHAN versus MUHAMMAD NAZEER

Section 13 (2) (i) Acceptance of rent at permanent lower price of eviction landlord There is no evidence at the request of the landlord regarding the tenant's promise to pay the difference, resulting in the consent of the landlord. There is evidence of a lower rent. After the expiry of the contract, the tenant, landlord, continued to pay the rent continuously with the consent of the tenant, in which case, Riaz Ali v. Shabbir Ahmed Khan 1911 SC hl R 598 not applicable for eviction]

1981 C L C 160

[Karachi]

Before Sajjad Ali Shah, J

HYDER KHAN‑Appellant

versus

Syed MUHAMMAD NAZEER‑Respondent

Second Rent Appeal No. 325 of 1978, decided on Ist October, 1980.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑

S. 13(2) (i)‑‑Ejectment‑Landlord continuously accepting rent at reduced rate‑No evidence on record establishing landlord's plea regarding tenant's promise to pay up difference subsequently‑Evidence on record on other hand showing rent having been reduced by consent of landlord after expiry of agreement‑Tenant having been paying reduced rent continuously with consent of landlord, tenant, in circum stances, held, not liable to be ejected‑ Riaz Ali v. Shabbir Ahmad Khan 1911 S C hl R 598 held not applicable].

Riaz Ali v. Shabbir Ahmad Khan 1911 S C M R 598 held not applicable.

M. M. Pirzada for Appellant.

S. Anwar Ali for Respondent.

Dates of hearing : 12th, 14th, 18th May and 3rd September, 1980.

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