1988 MLD 308 KARACHI-HIGH-COURT-SINDH

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HASAN IQBAL VS FARHAD HUSSAIN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S. 15(2) (ii)--Default in payment of rent--Proof of--Landlord himself admitted that in fact there was no default in payment of rent on part of tenant at time of presenting ejectment application against him, but urged that for certain period tenant committed irregularity in payment of monthly rent--In view of clear admission of landlord that tenant had not committed any default, irregularity in payment of rent, if any, committed by tenant, held, could not be made basis for grant of ejectment application of landlord particularly when whatever default or irregularity committed by tenant had been waived by landlord as he had neither filed any ejectment application nor adopted any legal proceedings for eviction of tenant on that ground.