1983 CLC 1990 KARACHI-HIGH-COURT-SINDH

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BURMA OILS MILLS LTD. VS AMIR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15-Mode of payment of rent--Parties cannot contract themselves out of provisions of S. 13 (2) (i) of Ordinance by establishing a different practice with regard to mode of payment of rent-Landlord by accepting periodical payments and repeatedly condoning delay acquiescing in mode of payment of rent and waiving his rights with regard to legal and usual mode of payment of rent-Rent Controller on being satisfied that by agreeing to accept rent periodically landlord made tenant to believe that rent was not to be paid every month, exercising hid discretion against directing eviction of tenants although default on their part proved - No exception, held, could be taken to exercise of discretion by Rent Controller and first appellate Court not justified in interfering with such discretion.