1987 CLC 868 QUETTA-HIGH-COURT-BALOCHISTAN

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SHAMI BAI VS AJMIRI KHAN General Clauses Act 1897--3 , S. 13(2)--General Clauses Act (X of 1897), S. 3(33)--Ejectment on ground of default in payment of rent--Clause in tenancy agreement that "as stated above rent will be paid (in) advance by the 5th of each month"--Word "month" occurring in said clause to be construed as reference to British calendar month and not to tenancy month--Rent in instant case for the period 18th July to 17th August, fell due on the 5th of July--Such having been deposited beyond 15 days, grace period allowed by S. 13(2)(i), default for relevant tenancy month was patent--Contention on behalf of tenant that default being only of two days, it was a fit case for exercise of discretion in favour of tenant and in such circumstances eviction may not be ordered--Discretion in favour of a tenant, held, was exercised only where default in payment of rent was shown to have been occasioned due to unavoidable causes--No indication that causes beyond control of tenant existed in the case and in fact no such plea was ever taken- Shortness of the perio