1998 MLD 579 KARACHI-HIGH-COURT-SINDH

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ADAM LIMITED VS GENERAL & RUBBER TRADING CO., KARACHI 1989 CLC 1128, 1994 SCMR 1507, 1994 SCMR 791, PLD 1974 SC 351, PLD 1982 SC 79, Qanun-e-Shahadat Order 1984--114 , ----S. 21---Qanun-e-Shahadat (10 of 1984), Art. 114---Default in payment of rent and subletting---Issue of default about rental amount, lift charges and betterment tax were thoroughly examined and decided in first round of litigation and no new default had been shown in second round of litigation---According to landlord's own version he had claimed default, betterment tax and lift charges for the same period as was taken in earlier litigation---Landlord's contention that premises were let out to partnership/firm and same having been converted into private company and that it was case of subletting would have no force--Conversion of firm into company was comprised of same persons and had taken place well before institution of first ejectment application and such fact was within knowledge of landlord yet he did not raise such issue in first round of litigation which admittedly continued up to the level of Supreme Court--Landlord had, thus, apparently waived his right in that respect and principle of acquiescence or waiver would apply, therefore, his case was hit by law of estoppel---Landlord, however, had been accepting rent from converted private company and in that way also he accepted same as tenant---Return of such amount to tenant after one year was with intention to create ground of default and that of subletting---Landlord, thus, had failed to prove that demised premises had been handed over to someone else, as such, tenant or had used such premises for the purpose other than that for which same was let out or had infringed conditions on which premises were let out---Landlord had failed to prove case of eviction of tenant and had not been able to show any illegality, misreading or non-appraisal-of evidence from judgment of Rent Controller, who had dismissed application for ejectment of tenant---Order of Rent Controller refusing ejectment of tenant .was maintained in circumstances.