1987 SCMR 1313 SUPREME-COURT

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INAYAT ULLAH VS ZAHOOR-UD-DIN West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13--Default in payment of rent for 2 months--Wilful default-Record showing that landlord deliberately created difficulties in the way of tenants by not accepting the rent in the hope that some omission or slip on the part of the tenants may enable him to carve out a ground for their eviction--Conduct of tenants indicated no element of negligence on their part--On refusal to receive the rent tenants reasonably adopted the alternate prescribed mode of tendering rent by way of depositing same with the Rent Controller consistently-Tenants, held, were not wilful defaulters in circumstances.