1987 SCMR 378 SUPREME-COURT

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ABDUL SAMAD SIRAJUDDIN VS MUHAMMAD KHAWAJA Constitution of Pakistan 1973--185 , Ejectment--TERM , Sindh Rented Premises Ordinance 1979--15 , Waiver--TERM , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15(2)--Ejectment--Default--Waiver of--Leave to appeal granted to consider contentions that consent order passed in Distress Warrant proceedings allowing payment of arrears of rent by installments cannot be construed as condo nation of default by tenant or waiver of right of eviction on part of landlord when no plea of waiver was specifically taken by tenant in his written statement, although waiver is a question of fact and that tenant could not be allowed to take inconsistent pleas denying relationship of landlord and tenant between parties and at the same time pleading that he had committed no default in payment of rent.