Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑‑S.13‑‑ Application for ejectment‑‑ Default in payment of rent‑ Agreement arrived at between landlady and tenant to give plot in dispute on lease for purpose of Petrol Service Station‑ ‑ According to landlady tenancy was to commence from a date when tenants confirmed acceptance of tenancy but according to tenants tenancy was to begin from a later date as per terms of lease deed and tenants had yet to obtain various sanctions from Government departments for establishing Petrol Service Station for which some time had to be consumed‑ ‑Chances existed that finally tenants might not succeed in getting requisite sanctions‑ ‑Perusal of record showing that it was agreed between parties that tenancy was to commence from date when vacant possession was taken by tenants‑‑No clause existed in agreement that Landlady could claim rent for period before commencement of tenancy when plot in question remained vacant and ready for tenant to take over Dispute arising when landlady asked for rent for five months before start of Tenancy during which period she kept plot ready for handing over‑ landlady failing to resort to arbitration, for this dispute although an arbitration clause existed in agreement‑ ‑Landlady not establishing that tenant had actually commenced‑ According to agreement rent was, fixed and was to be paid for two years in advance‑ ‑Tenants made consistent efforts to tender rent but it was not accepted by landlady who on the other hand kept tenants in dark about filing of ejectment case on account of default in payment of rent‑‑‑Letters and notices sent by landlady not indicating any default on part of lessees‑ Explanation given by tenants with valid and cogent reasons appearing to be satisfactory‑ ‑They paid rent through cheque which was in circumstances valid tender as between parties‑‑Held, tenant was not defaulter in circumstances--Order of Rent Controller dismissing ejectment application maintained. Mrs. Zehra Begum v. M/s. Pakistan Burmah‑Shell Ltd. P L D 1984 S C 38 and Messrs Peoples Steel Mills Ltd. v. Hafizuddin and others P L…