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Second Appeal No. 222 of 1978, decided on 1st June, 1980.
------S. 15‑Appeal‑‑Copy of judgment‑Filing of certified copy of order of Rent Controller, held, not necessary along with memo. of appeal. [Appeal (civil)‑Judgment].
Muhammad Dawood v. Abbas Ali P L D 1976 Lah. 699 rel.
--------S. 15‑Appeal‑Remand‑Enough material available on record to give decision as to default in payment of rent‑Remand of case not approved.‑[Remand of case].
----------Ss. 13(6) & 15‑Ejectment‑Default in payment of rent‑Tenant cannot shift her liability for payment of rent by due date to her servant delaying payments‑Tenant, held, duty bound to have complied with rent order.
Major Syed Wallayat Khan v. Muzaffar Khan and 2, others P L D 1971 S C 184 ; Yousuf Ali v. Muhammad Aslam Zia P L D 1958 S C (Pak.) 104 ; Malik Barkhurdar Khan v. The Additional Land Commissioner Punjab and 24 others P L D 1977 Lah. 424 and Mst. K Bibi and another v. Ahmad and 2 others P L D 1971 Lah. 846 ref.
------Ss. 13(6) & 15.‑Default in payment of rent‑Appellant/tenant being a patient of diabetes and her husband working outside station such ground held, not sufficient for, persistent late payment of rent.
-----Ss. 13(6) & 15‑Default in payment of rent‑Evidence available on record to show appellant/tenant having been habitually irregular in payment of rent‑Personal ailment or lack of proper arrangement, held, no ground to condone irregularity.
Khaliq Humayun for Appellant.
S. M. Rizvi for Respondent.
Date of hearing : 30th March, 1980.
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