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Second Appeal No. 166 of 1976, decided on 15th November, 1980.
‑‑S. 13 (2)‑Ejectment‑Discretion‑Tenant alleging long‑established ' practice of rent being paid in lump sum as and when demanded but rent receipts produced by him showing some arrears remaining out standing even at time of each periodical payment of rent in lump sum‑Lower Courts exercising discretion in favour of tenant and rejecting application for his ejectment ‑Tenant, held, wilful defaulter can ground of having been waiting for landlord's men to collect rent and both lower Courts failed to exercise discretion judicially.
Waris Ali Tirmizi v. Mst. Liaqat Begum. 1980 S C M R 506 and 601 re1.
Riaz Ali v. Shabbir Ahmad Khan 1971 S CM R 598 ; Umar Din v. Ghulam Jilani Shah P L D 1976. Lah. 567 ; Mohammad Alimullah v. Ziaul Islam P L D 1973 Kar. 56; Abdul Rashid v. Saleh Muhammad 1980 S C M R 506 ; Waris Ali Tirmizi v. Liaqar Begum 1980 S C M R 601 ; Muhammad Shafi v. Zahir Hassain P L D 1978 Lah. 862 ; Rifaqat Ali v. Muhammad Bashir Qureshi P L D 1979 Lah. 444 and Abdul Aziz Beg v. Mushtaq Ahmed Sheikh 1980 S C M R 834 ref.
‑‑‑ S. 15 (4) read with Civil Procedure Code (V of 1908), S. 100 Concurrent findings‑Default in payment of rent‑Mixed question of law and fact‑Can be displaced by High Court in second appeal‑Concurrent findings of no default having been committed based on erroneous reading of law and perverse appreciation of evidence set aside in circumstances.
Muhammad Alam v. Noor Mohammad 1973 S C M R 606 ref.
Nizam Ahmad for Appellants.
M. M. Mahmoodi for Respondent.
Date of hearing : 27th October, 1980.
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