1980 CLC 1073 KARACHI-HIGH-COURT-SINDH

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MUJTABA KHAN VS MUHAMMAD UMER West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----- S. 13(2)(i)-Ejectment-Default in payment of rent-Except for a- rent receipt for four months tenant producing no other evidence to show that landlord agreed expressly or impliedly to collect rent in lump sum at fixed intervals-Rent Restriction Ordinance extending protection to tenants against eviction subject to condition that tenant pays rent-Modification of statutory obligation can be established only by proof of agreement with particulars pleaded in written statement by tenant-Tenant/respondent not pleading in written statement to show any arrangement having developed through course of conduct of part of landlord/ appellant in modification of statutory obligation of tenant respondent:--No sufficient evidence on record to hold parties by their conduct having mutually modified obligation of tenant to pay rent regularly as provided by law-Court below, held, not justified to hold that in not tendering rent for 5 months respondent/tenant did not commit default in payment of rent.