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Second Appeal No. 233 of 1979, decided on '22nd March, 1981.
--------S. 13(2) (i}‑‑Default in payment of rent‑Tenant resisting ejectment application for default on ground of fixed security deposit lying with landlord under expired lease agreement‑After adjusting security tenant still liable to pay Rs. 70 on account of rent due‑Quantum of security amount‑Makes no difference if security deposit of expired tenancy agreement adjustable against arrears of rent‑Period of 60 days pro vided for paying rent being not expired by time of filing application for ejectment no default, held, committed.
Syed Shafiuddin v. Abdul Hakeem Khan P L D 1978 Kar. 149 ; Muhammad Yousuf v. Abdullah P L D 1980 S C 298 and Abdul Aziz Baig v, Mushtaq Ahmad Sethi 1980 S C M R 838 ref.
---Conflicting views‑Rule laid down in case subsequent in time Held : To be followed in preference to earlier case.
Abdul Majeed Khan for Appellant.
M. M. Beg for Respondent.
Date of hearing : 22nd March, 1981.
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