2012 SCMR 177 SUPREME-COURT

Full text

Mst. KULSOOM NAZ VS Dr. ITIFAQ HUSSAIN 1999 MLD 1014, Applicability--Term , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Ejectment of tenant---Wilful default---Proof---Principle of acquisition/waiver--- Applicability--- Co-owner of premises sought ejectment of tenant on the ground that he failed to pay his share of rent from October, 1995 to 2002---Rent Controller and Lower Appellate Court concurrently declined to pass eviction order against tenant as default in payment of monthly rent was not proved¬---High Court, in exercise of constitutional jurisdiction, set aside concurrent judgments and passed eviction order---Validity---Landlord had been withdrawing rent from the office of Rent Controller regularly since, 1996 and did not allege default, if any, committed by tenant and for the first time filed rent case in year, 2003---Landlord, despite having knowledge of deposit of rent for the month of October, 1995, in January, 1996, did not raise any objection and instead of filing ejectment proceedings on the ground of default filed case for enhancement of rent and for the first time filed ejectment application after seven years---Landlord could not claim ejectment on such ground of default as he had waived his right in that respect on the principle of acquisition/waiver by his conduct---Supreme Court set aside the order passed by High Court and restored eviction orders passed by two courts below---Appeal was allowed.