1978 PLD 815 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD YOUSAF VS MUHAMMAD AHMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13 (1) (i)-Change in terms and conditions of tenancy, plea of Contention of change in terms and conditions of tenancy with regard to monthly payments-Tenant if used to tender rent in time and landlord used to refuse to accept tender and thereafter tenant would send rent through money order-Contention would negate alleged practice-Any tacit agreement if there were between parties not to pay rent in time on monthly basis, no need would arise for tenant to tender rent on monthly basis and consequently no refusal-Tenant's pleas, held, self-contradictory, hence, not acceptable.S. 13 (1) (i)-Practice of accepting tender, of rent periodically though could not change terms of tenancy nor affect legal liability of tenant to eviction, same, held, could be used for invoking discretionary power of Controller to decide against eviction on ground of default being not wilful