1983 CLC 845 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SIDDIQ A. MEMON VS PAKISTAN MILK FOOD MANUFACTURERS LTD. West Pakistan Urban Rent Restriction Ordinance 1959--15 , S. 13(2) (l), Explanation (a) 8i ' S. 15 -- Default in payment of rent-Water and electricity charges payable ' by tenant deemed to be rent but these were not paid alongwith monthly rent-Tenant contending that they being a limited company could only make payment thereof after detailed bills and supporting documents received by them from landlord-Bills for electricity and water charges received after irregular intervals from billing authorities and their payment alongwith monthly rent becoming' impracticable and not possible of performance-Sharing of payment of such bills only possible after same are received and landlord making available account showing share payable-Held, even though there has been technical default Rent Controller considering circumstances of case, should have exercised discretion in not ordering eviction of tenant and first appellate Court considering facts had authority to adjudge that exercise of discretion by Rent Controller was wrong and to set aside order of eviction.