Law: Sindh Rented Premises Ordinance, 1979

Section: 6 , 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 6 & 15---Agreement of tenancy---Execution of fresh agreement of tenancy after expiry of earlier tenancy agreement---Effect---Tenants, although were originally inducted into premises in 1972, yet parties themselves decided to terminate that tenancy after expiry of tenancy agreement---Fresh tenancy agreement having come into existence after the commencement of Sindh Rented Premises Ordinance, 1979, tenants were not protected under provisions of proviso to S.6 of the Ordinance---Tenants were thus liable to be ejected from demised premises under provisions of S.15(2)(i) of the Ordinance. Waiver--- .  Waiver" means forbearance by a party to assert its right  Waiver is an agreement to release or not to assert a right---To constitute waiver there must be n intentional relinquishment or abandonment of an existing legal right---Such abandoment of right must also be responsible for inducing defendant to alter his position to his disadvantage or bringing about a situation when it would be inequitable to give plaintiff the relief sought by him. Muhammad Saleh v. Muhammad Shafi 1982 S C M R 33; Mst. Bachi Bai v. Ghulam Abbas P L D 1972 Kar. 278; Shaukat Ali v. Sakhawat Hussain 1984 CLC34andAIR1965SC1405ref. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment of tenant---Earlier tenancy agreement having expired landlord not entering into fresh tenancy agreement and refusing to accept rent-- Landlord filing ejectment application after thirteen months of expiry of tenancy agreement---Such delayed filing of eviction application would not constitute waiver because no period of limitation was prescribed for initiating proceedings against tenant moreso, when cause of action was a continuous one---No inference could be drawn from the conduct of landlord that he had relinquished his right to proceed against tenant for ejectment from demised premises. Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 6 [as omitted by Sindh Rented Premises (Amendment)  Ordinance  (IV  of  1984)], S.6---Sindh Rented Premises Ordinance, 1979 before its omission by Ordinance…