1991 MLD 1655 LAHORE-HIGH-COURT-LAHORE

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NIAZ AHMAD VS ISHTIAQ AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , West Pakistan Urban Rent Restriction Ordinance 1959 ----Ss. 13 & 15---Default in payment of rent---Discretionary Jurisdiction of Rent Controller---Landlord in the past had been receiving rent in lump sum and on account of such practice having been adopted by him, tenant could very well get impression that same could be paid in lump sum which lie had been paying--Finding of lower Appellate Court that default in payment of rent was from specified period had been falsified---Rent Controller was vested with discretion to decline to pass an order of eviction even if non-payment of rent was established--There being no wilful default in payment of rent, discretion regarding default should have been exercised in favour of tenant which has been rightly and legally exercised by Rent Controller could not justifiably be interfered with as the same was neither arbitrary nor illegal--Eviction of tenant on ground of default in appeal was thus not legally justified---Finding of lower Appellate Court regarding default in payment of rent was set aside while that of Rent Controller was restored by High Court.