Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) --S. 13 Ejectment on ground of default in payment of rent Mere fact that landlord accepts rent from tenant periodically Held, does not mean that landlord does not desire or expect tent to be paid in time as required by Ordinance Tenant guilty of habitual default Held, not entitled to claim exercise of discretion by Rent Controller in his favour: [Sajjad Ali Khan and l others v. Pir Bakhsh Ji Mehr P L D 1972 Kar. 220 and Muhammaa Shaft v. Iqbal Ahmad and another P L D 1965 Lah. 23 standing overruled]. Muhammad Alam v. Nur Muhammad 1973 S C M R 606 and Muhammad Alimullah v. Ziaul Aslam P L D 1973 Kar. 56 distinguished. Sujjad Ali Khan and 2 others v. Pir Bakhsh A Mehr P L D 1972 Kar. 220 and Muhammad Shaft v. Iqbal Ahmad and another P L D 1965 Lah. 23 stand¬ing overruled. Abdul Rashid v. Saleh Muhammad 1980 S C M R 506; Syed Riaz Ali v. Shabbir Ahmad Khan 1971 S C M R 598 and Muhammad Hassan & Co. v. Mahmood Ahmad Khan 1973 S C M .R 375 ref. JUDGMENT ASLAM RIAZ HUSSAIN, J. Haji Muhammad Qasim petitioner, sought leave to appeal against the order of the Lahore High Court, dated 27 1 1976, dismissing his S. A. O. in a case under section 13 of the West Pakis(an Rent Restriction Ordinance, 1959. 2. We issued notice to the respondent and after granting Leave heard the matter as appeal. 3. The facts leading to the appeal, briefly, are that Muhammad Qasim appellant let out his shop situated in Multan to Meharban Ali, respondent, at a monthly rent of Rs. 200 on 6 3 1965. On 1 9 1973, the landlord filed an ejectment application against Meharban Ali, inter alia, on the ground of default in payment of rent from April, 1973 to August, 1973 i. e. for a period of 5 months. Meharban Ali contested the application and took up the position that the landlord used to accept two or three months rent at a time in lump sum which led to a practice of payment of rent periodically and that he had tendered the rent for five months in lump sum and as such he had not committed any default in payment of rent. At the trial he produced three receipts issued by the landlord, in support of his aforementioned assertion, showing that…

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