1984 PLD 373 KARACHI-HIGH-COURT-SINDH
Sindh · 1984
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GHULAM ABBAS ADAMALI JEEVAJI VS HASSANALI & CO West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13?Ejectment for default?Tenant taking defence that there was a practice or custom of paying/receiving rent in lump sum for several months at a time?Burden of proving such assertion lay on tenant.[Burden of proof]. S. 13?Ejectment for default?No absolute rule that in case of nonpayment of rent by tenant within period provided by S. 13 (2) (i), eviction of tenant will follow automatically?Discretion vests with Rent Control Authorities to pass an order of eviction or thev may decline to order ejectment?Such discretion. has to be exercised on sound judicial principles?General principles in this regard enunciated.
