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Second Appeal No. 141 of 1978, decided on 26th April, 1980.
------S. 13(6)‑Default in payment of rent‑Rent Controller in absence of appellants and their counsel directing appellants to deposit arrears of rent before a specified date but appellants not depositing rent and Rent Controller striking off defence of appellants‑Order challenged on grounds of tenant and his counsel having been out of station when order for deposit of rent passed and counsel coming to know of such order on inspection of file at a later date‑Grounds in circum. stances of case, held hardly sufficient to condone default and case, an example of gross negligence‑Contention of serious and bed‑riddening sickness of tenant being unsupported by record also held not accept able.
Hashim Khan v. Ghulam Nabi 1971 S C M R 112 ; Saeedan Bibi v. Ali Hussain 1975 S C M R 261; Mat. Bachi Bai v. Ghulam Abbas P L D 1972 Kar. 278 and Jalal Din v. Azizuddin P L D 1963 Lah. 436 ref.
--------S. 13(6)‑Default. in payment of rent‑Waiver‑Estoppel‑Appellants paying arrears of rent and current rent to respondent in Court during pendency of first appeal as condition for grant of stay in appeal‑Such payment, held, has no bearing on default already committed‑Acceptance of arrears of rent and current rent by respon dent in circumstances, further held, cannot give rise to waiver or estoppel against,, respondent‑Evidence Act (I of 1872), S. 115. [Waiver‑Estoppe].
Z. C. Valliani for Appellants.
G. H:‑Malik for Respondent.
Dates of hearing : 19th and 26th April, 1980.
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