Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(6) and Civil Procedure Code (V of 1908)-Provisions of Civil Procedure Code,1908 applicable to - proceedings under West Pakistan Urban Rent Restriction Ordinance, 1959-Rent Controller nevertheless has discretion to follow and apply them if he considers necessary. Ayub Khan v. Fazal Haq P L D 1976 S C 422 rel. (b) Civil Procedure Code (V of 19N)- ----O. IX, r. 9 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(6)-Suit or appeal dismissed for default restored by order of Court under O. IX, r. 9, Civil Procedure Code, 1.908 all ancillary orders in suit or appeal passed before dismissal stand revived and become operative since that date with all their legal imp­lications- ejectment application restored by Rent Controller, order for depositing monthly rent, held, also stood revived with retrospective effect and non-compliance with same rendered petitioner's defence liable to be struck off. Saranatha Ayyangar and others v. Muthiah Moopanar A I R 1934 Mad. 49 and Abdul Rahman v. The Federation of Pakistan P L D 1955 Sind 248 rel. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13(6)-Ordinance having not prescribed any period within which application by landlord for striking off defence of tenant to be filed mere delay by landlord in filing such an application, held, cannot by itself amount to waiver-Landlord's failure to object to delay in depositing arrears of rent or non-deposit of rent by tenant-Does not amount to waivering of his right to apply for striking off defence of tenant.-[Waiver-Delay]. S. Masood Hussain v. Muhammad Saeed Khan P L D 1965 Lah. 11 ; Zahurul Hasan & Bros. v. Abdul Hasain and others P L D 1977 Kar. 252; Sh. Abdul Ali v. Zaheer -Ali Jaura 1982 C L C 153 and Mst. Bachi Bai v. Ghulam Abbas P L D 1977 Kar. 278 rel (d) Waiver- --- Waiver by conduct-To establish `waiver' by conduct it must be shown that person entitled to a right had knowledge of breach thereof and that he had acquiesce or failed to act notwithstanding that knowledge-Mere failure to take action due to ignorance of breach of his right cannot be said to give rise to…

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