1987 CLC 1753 KARACHI-HIGH-COURT-SINDH

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USMAN GHARI VS GULZAR AHMAD Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(ii)--eviction of tenant--Wilful default--Proof--Where tenant by producing rent receipts of disputed premises undisputedly proved that landlord himself was adopting practice of receiving rent of premises in lump sum after lapse of six or ten months, failure of tenant to pay disputed rent in accordance with requirements of S. 15(2)(ii), held, would not make him wilful defaulter and in light of conduct of landlord, Rent Controller could not be said to have improperly exercised his discretion while disallowing his ejectment application on ground of alleged default in payment of rent.