1989 PLD 489 SUPREME-COURT

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HAJIAN AISHA VS ABDUL WAHEED West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13??Constitution of Pakistan (1973), Art .185(3)??Leave to appeal was granted to consider question whether, when, there was enough material on record to create a reasonable but uneasy impression and `doubt that a landlord when accepting rent for several months in lump sum (or, several occasions) was in reality trying to trap the tenant so as to seek his ejectment subsequently on the ground of default in payment of monthly rent on time, the application for eviction on ground of default should not be dismissed in exercise of discretion allowed by law. S. 13??Mere fact that landlord accepted rent from tenant periodically would not mean that he did not desire or expect rent to be paid in time as required by the Ordinance??Practice by a tenant to pay rent at irregular intervals would make him liable to eviction??When a landlord agrees "to accept rent periodically" this can only be the result of a fresh agreement between him and the tenant.