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FAZAL AHMED versus MUHAMMAD ABDUL SHAKOOR


Article 13 (2) (i) At its discretion, making no agreement between the parties regarding payment of rent can be said only in one month as it is due, in which case the tenant has to pay one month's rent. But with improper punishment for expulsion, there will be an unfair use of discretion.

1981 C L C 793

[Karachi]

Before Muhammad Zahoorul Haq, J

FAZAL AHMED AND ANOTHER‑‑Appellants

versus

MUHAMMAD ABDUL SHAKOOR‑Respondent

Second Rent Appeal No. 305 of 1975, heard on 10th November, 1980.

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

‑‑ S. 13(2)(i)‑Default‑Discretion, exercise of‑No agreement between parties about payment of rent‑Landlord (appellant) previously accepting irregular payments of rent from tenant (respondent) without protest‑Landlord rushing to Court and seeking eviction of tenant when rent for one month only could be said to be in arrears‑Held, punishing tenant in such circumstances with ejectment for default of one month's rent would be unfair use of discretion.

Mohamed Alimullah v. Ziaul Islam ‑. L D 1973 Kar. 56 distinguished.

Hafiz Dawood v. Abdul Ali 1973 S C M R 598 ; Jalilur Rehman and others v. Rashida Begum and others P L D 1976 Kar. 105 and Fida Hussain v. Muhammad Ibrahim Khan 1972 S C M R 262 ref.

Tahir Hussain for Appellant.

Date of hearing : 10th November, 1980.

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