1984 CLC 3440 KARACHI-HIGH-COURT-SINDH

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GHULAM MUHAMMAD VS SHAMEEMA KHATOON West Pakistan Urban Rent Restriction Ordinance 1959--13 , -----S. 13(6)-Tentative rent order-Default-Waiver-Application for striking off defence for default of payment of rent filed after about two years -Right of landlord, held, waived-Unless allegation of default was made by landlord, tenant, held further, could not come forward to explain reasons for non-compliance of tentative rent order nor Rent Controller would embark upon an enquiry to determine whether any default had been committed-Landlord wanting to press into service provisions of S. 13(6) should file application seeking relief thereunder-Implied duty of landlord to file such application and not to remain silent over matter-Failure of landlord not to make application for striking off defence for unreasonably long period, held, amounted to waiver -Order of eviction set aside in circumstances.-[Waiver].