Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13 Eviction Default in payment of rent Fifteen days time having to be allowed over and above date fixed in agreement for payment of rent No default committed for month of March ¬Rent for April not paid 'before 15th April nor paid till 30th April (in their grace period) Such constituted default for one month Rent for May being payable before 15th May not paid then nor within grace period of 30th May Ejectment petition instituted on same date Second default in payment of rent, held, committed No interference in circumstances called for with findings of fact. JUDGMENT MUHAMMAD AFZAL ZULLAH J. This appeal through leave of this Court is directed against the judgment of the Lahore High Court dated 3 10 1979 whereby the second appeal arising out of a rent matter w4s dismissed, The appellant, a tenant, was directed to be evicted on ground of default in payment of rent. Leave to appeal was granted to consider the effect of a payment made and accepted by the respondent/landlady and also of pleadings in connection with the period and amount of default. The period of default is from 10th March, 1975, to 30th May, 1975. The tenancy period was from 10th of one calendar month to the 9th of the next calendar month. The rent was to be paid in advance for each tenancy month before the 15th of calendar month. One monthly payment by cheque was admittedly made to the respondent during the month of March, 1975. It was issued on 18 3 1975 and was cashed on 27 3 1975. According to the above facts the rent for the month of March should have been paid before 15th March, 19'75, but it was paid on 27th March, 1975. However it will not constitute a default in law because in this case admittedly 15 days time would be allowed over and above the date fixed in the agreement for payment of the rent. Thus, there was no default for the month of March. The rent of April, 1975, was not paid before 15th April, 1975, nor it was paid till the 30th April, i. e. within the grace period. This was one default in payment of monthly rent. Similarly the rent for the month of May was payable before 15th May, 1975, but the same, not having been…

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