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ANSAR & CO. versus JALILUR REHMAN


Section 13 (2) (i) shows the acceptance of the landlord in one place at a single time, having been involved in accepting the rent for a lump sum for several months, with no assumption that my oral contract or its There is an understanding of the kind. Between parties that vary the legal requirements

1981 C L C 1186

[Karachi]

Before Z. A. Channa, J

ANSAR & Co.‑--Appellant

versus

Syed JALILUR REHMAN ETC‑Respondents

Second Appeal No. 206 of 1973, decided on 25th March, 1976.

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

‑‑'S. 13 (2) (i)‑Rent in lump sum, acceptance of‑Landlord on one single occasion, showing indulgence in accepting rent in lump surd for several months‑Held, no inference can be drawn that my oral agreement or understanding to such effect existed between parties varying statutory requirement.

Muhammad Ali Mullah v. Ziaul Islam P L D 1973 Kar. 56 ref.

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

-----S. 13 (2) (i)‑Remittance of rent, through money order‑Receipt of money orders denied by landlords' Rent Collector on grounds of address of landlords timing not been given on coupon of first money order and in coupon of second money order address of landlords being incomplete- Held, money order must have reached landlord and tenant could not have deliberately written wrong or incomplete address and further in circumstances of case there could be no difficulty in locating landlords.

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

----S. 13 (2) (i)‑Ejectment petition‑Default in payment of rent estab lished‑Ejectment application must be allowed‑Tenant showing default for reasons beyond his control or explaining delay in payment or tender of rent satisfactorily‑Ejectment application rejected in circumstances.

Abrar Hassan for Appellants.

Bashir Ahmad Siddiqi for Respondents.

Date of hearing : 22nd March, 1976.

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