SAKINA TAPAL versus RASHIDA BANO

Section 13 (2) (i) Tenancy Agreement is not an express agreement in writing between the parties regulating the terms and conditions of the tenancy but on the basis of the printed receipts issued by the tenant's proprietary terms. Non-signing of such invoices Section, West Pakistan Citizens Rent Restriction Ordinance, a condition in contravention of 9 contra9 in. Landlord never insists on monitoring such terms, there is no evidence in the record. That the penalty clause is ever disclosed in the terms in which the parties intend it. In situations where the terms of the tenancy are not binding on you and there is no tenancy agreement

1981 C L C 656

[Karachi]

Before Sajjad Ali Shah, J

DR. SAKINA TAPAL‑Appellant

versus

Mst. RASHIDA BANO‑Respondent

Second Appeal No. 178 of 1979, decided on 18th October, 1980.

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

‑‑ S. 13 (2)(i)‑Agreement of tenancy‑No express agreement in writing between parties regulating terms and conditions of tenancy but on back of printed receipts issued on behalf of landlady terms of tenancy printed‑Tenant herself not signing such receipts‑Some such receipts showing condonation of default and breach of printed conditions One condition also in contravention of S. 7, West Pakistan Urban Rent Restriction Ordinance, 1959‑Landlady never insisting on observing such conditions‑No evidence on record showing penal clause in conditions ever being intended to be followed‑Intention of parties in circumstances., held, not to make such terms of tenancy binding on themselves and no agreement of tenancy executed.

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

_‑‑ S. 13 (2) (i)‑Default‑Tenant depositing a certain amount as "advance security deposit" with landlady‑Tenant also paying in lump sum rent for seven months on same day‑Tenant, thereafter, regularly paying rent‑Held, deposit made to secure payment of rent in event of default and in such circumstances tenant entitled to ask for adjustment of deposit against payment of rent for alleged period of default.

Z. U. Ahmed for Appellant.

Ishtiaq Ali for Respondent.

Dates of hearing : 16th and 17th September, 1980.

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