Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 (2)

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (2)-Ejectment-Default in payment of rent--Appellant/ tenant neither pleading agreement between him and respondent/ landlord believing rent being paid periodically nor said agreement proved by evidence on record-Fact-of respondent having received rent for some months in lump sum, held, shows landlord having condoned default of appellant for such months and not of his having consented to vary terms and conditions of agreement of lease relating to payment of rent. Mehrban Ali v. Haji Muhammad Qasim P L D 1976 Lah. 1052 ; Sajjad Ali Khan and 2 others v. Peer Bux G. Mahar P L D 1972 Kar. 220; Rifaqat Ali v. Muhammad Bashir Qureshi P L D 1979 Lah. 444 ; Muhammad Shafi v. Zahir Husain and another P L D 1978 Lah. 862 and Mohamed Alimullah v. Ziaul Islam P L D.1973 Kar. 56 ref. Syed Riaa All v. Shabbir Ahmad Khan (1971 S C M R 598 and Muhammad Alam v. Noor Muhammad 1973 S C M R 606 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 (2)-Ejectment-Default in payment of rent-Respondent landlord constrained to receive rent for several months in lump sum because of indifferent attitude of appellant/tenant towards his obligation to pay rent regularly-Tenant, held, failed in discharging his duty to pay or tender rent even though not demanded by respondent-Accumulation of rent due to fault of appellant and not by omission or commission on part of respondent-Respondent, held, not conducted himself in such a manner as to make appellant believe his being not proceeded against if rent not paid at end of each month. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)  S. 13 (2) and Evidence Act (I of 1872), S. 115--Ejectment- Default in payment of rent-Plea of estoppel-Landlord not conveying to tenant by words of mouth or otherwise his promise not to ask for his ejectment from premises in dispute for non payment of rent on monthly basis-Acceptance of rent by landlord at intervals, by itself, held, does not debar landlord from applying for eviction of tenant on plea of default and landlord in fact, showed indulgence to tenant-"Recipient of an indulgence cannot…