1986 SCMR 1857 SUPREME-COURT

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ABDUL AZIZ VS ABDUL GHANI Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , --Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.15-Petition for leave to appeal--Default in payment of rent-Petitioner landlord himself adopting practice of receiving arrears of rent in lump sum--Such practice in vogue from very beginning of tenancy--Though rent had not been paid by respondent-tenant to landlord as required under law yet conduct of landlord himself was such which furnished sufficient justification to appellate Court to exercise its discretion against him in dismissing his eviction petition--Conduct of tenant not making him a wilful defaulter--Leave to appeal refused.