ABDUL GHANI versus MAKHAN BANO

Section 13 (2) at the discretion of the tenant at the tenant's discretion, after the expiration of the tenancy agreement, the tenant filed with the tenant after the expiry of the contract, as default in his payment. There is no right to adjust the rental balance. Rental is the default technical discretion used in favor of the tenant and the order to evict them is set aside.

1981 C L C 1060

[Karachi]

Before Saleem Akhtar, J

Haji ABDUL GHANI‑Appellant/Tenant

versus

MAKHAN BANG‑Respondent/Landlord

Second Appeal No. 156 of 1979, decided on 8th February 1981.

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

‑‑ S. 13(2)‑Eviction of tenant---Rent Controller's discretion‑ Eviction application filed after expiry of tenancy agreement covering a deposit of certain amount ‑Tenant in circumstances having no right to adjust arrear of rent against his deposit, tenant, held, in default in payment of rent but default being technical discretion exercised in tenant's favour and order of eviction set aside.

Muhammad Yousuf v. Ahdullah P L D 1980 S C 298 rel.

Mrs. Salima Naslruddin for Appellant.

S. A. Jamali for Respondent.

Date of hearing : 8th February, 1981.

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