1988 CLC 70 KARACHI-HIGH-COURT-SINDH

Full text

BATUL FIDA HUSSAIN SHAIKHA VS BURMA OIL MILLS LTD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---Ss. 13 & 15--Ejectment of tenant on ground of default--Practice to pay rent after every three or four months on receipt of demand notice on behalf of landlord--Non-receipt of demand notice on behalf of landlord resulting in default in payment of rent--Effect--Duty of tenant is to pay rent regularly every month--Documents showing that tenants used to send rent after receiving demand bill from landlord-Nothing on record to show that ever since the inception of tenancy landlords had ever received rent monthly--Commercial value of promises having increased landlords, held, could not be allowed to take benefit and adopt tactics to make out ground for eviction--High Court being satisfied that Rent Controller had exercised his discretion properly by not directing eviction of tenants although default was otherwise proved, maintained order of Rent Controller and dismissed appeal.