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Civil Petition for Special Leave to Appeal No. 592 of 1979, decided on 19th November 1979.

(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-6-1979 in S. A. O. No. 633 of 1978).

Art. 185(3)-Whether failure to pay advance rent as agreed to by tenant with landlord amounts to default in payment of rent-Leave to appeal granted to examine question.

A. K. Dogar, Advocate Supreme Court of Pakistan with Sh. Abdul Karim, Advocate-on-Record for Petitioners.

Taufiq A. Kureishy, Advocate-on-Record for Respondent.

Date of hearing : 19th November 1979.

Learned counsel has argued that under, the West Pakistan Urban Rent Restriction Ordinance VI of 1959, no eviction of a tenant can be ordered if he fails to make payment of rent in advance , even though this was the agreement between the parties. He submits that despite the existence of any such agreement - the Ordinance takes note of default only not paid up to sixty days from the date it was due which date always is the end of the relevant month and not any date in advance thereof. For this proposition he relies upon Iltaf Hussain v. Taib Hussain ( P L D 1977 Lah. 110)and Muhammad Ashraf v. Muhammad .4nwar (P L D 1975 Pesh. 254).

2. He further submitted that the other ground for eviction of his client was the personal need of the landlady but on that point he was not allowed to address arguments and the High Court recorded its order without hearing the petitioner observing that it was a conclusive finding of fact. In this respect he refers to para 10 of the High Court judgment.

3. The points raised require consideration. Leave to appeal is granted. Security Rs. 500. Status quo meanwhile subject to regular payment of rent in B accordance with section 13 of the Ordinance Case to be made ready for fixation within six months.

Leave granted.

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