1983 CLC 476 KARACHI-HIGH-COURT-SINDH

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ALI MUHAMMAD VS MUHAMMAD FAROOQ West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (2) (i)-Landlord succeeding in getting orders of eviction of tenant under an agreement executed for 11 months but failed to file execution application thus allowing tenant to continue on same rent No fresh agreement executed-Tenant continued to be tenant on old terms and conditions-Held : Old rent deed died of 2 scores firstly it was for 11 months, secondly ejectment was ordered in the first case Landlord subsequently filing an eviction application against tenant on ground of default basing his case on oral agreement-Oral agreement, not established-Tenant contending that landlord refused to receive rent and on refusal tenant started depositing rent in Court-Tenant to deposit rent within 60 days under S. 13 (2) (i)-Default in payment of rent held, not established-Eviction application failed.