Law: Sindh Rented Premises Ordinance, 1979

Section: 16,2,21

(i) Sind Rented Premises Ordinance (XVII of 1979)— ------- Ss. 16 (2) & 21—Deposit of rent—Order of—Non-compiiance of—Waiver—Plea of—Failure to raise—Effect of—Held : Question of waiver being mixed question of facts and law, party to raise such plea expressly before first court unless investigation on question of facts be not involved—Appellant raising no such plea Jbefore Rent Controller or in memo, of appeal filed before High Court— Held : Plea not to be allowed to be raised during arguments. [P, 149 jA (ii) Sind Rented Premises Ordinance (XVII of 1979)— S. 16(2)—Deposit of rent — Order  of— Non-compliance  of —Waiver—Plea of—Held : Question of waiver being generally mixed question of facts and law, party wishing to press into service waiver as plea of defence to be required to plead it expressly. [P. 152JC (iii) Sind Rented Premises Ordinance (XVII of 1979)— S.   16 (2)—Deposit   of rent — Order of — Non-compliance of —Effect of—Defence—Striking off  Waiver — Plea of—Held : Delay simpliciter in filing application for striking off defence after com­mission of default of tentative rent order not to amount to waiver, on port of landlord Held further: To constitute waiver there must be conscious giving up of right of landlord i e. there should be inten­tional relinquisbment of known right by landlord, fP. 152]B judgment This appeal is directed against the order dated 22-9-1981, passed by the learned Xth Senior Civil Judge & Rent Controller, Karachi, in Rent Case No. 121/78.2. The relevant facts leading to the filing of the above appeal are that the respondent filed the aforesaid rent application on the grounds of personal requirement and default. The above application was resisted by the appellant. The learned Rent Controller passsed a tentative rent order on 30-1-1979, for depositing the arrears of rent for the period commencing from August 1978 to January 1979, at Rs 7M)/- per month amounting to Rs, 4.500/- and the monthly rent for the month of…