1981 CLC 793 KARACHI-HIGH-COURT-SINDH

Full text

FAZAL AHMED VS MUHAMMAD ABDUL SHAKOOR West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2)(i)-Default-Discretion, exercise of-No agreement between parties about payment of rent-Landlord (appellant) previously accepting irregular payments of rent from tenant (respondent) without protest-Landlord rushing to Court and seeking eviction of tenant when rent for one month only could be said to be in arrears-Held, punishing tenant in such circumstances with ejectment for default of one month's rent would be unfair use of discretion.