Law:

Section:

Constitution of Pakistan (1973)---Art. 185 (3) Authoritative pronouncement Grant of Special Leave to Appeal for Tenant of portion of shop at rent payable in advance by 5th of calendar month allegedly defaulting from April, 1970 to February, 1971 i. e., after expiry of original eleven months of written tenancy agreement Landlady contending tenant holding over cannot argue to continue on same rate of rent but not with regard to manner and time of its payment Held, more authoritative pronounce¬ment of Supreme Court called for, leave granted West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2) (i). ORDER SHAFIUR RAHMAN, J. The Petitioner, a landlady, seeks leave to Appeal against the judgment of the High Court of Sind, dated 23rd November, 1980 whereby the tenant's second Appeal was accepted and the order of the Rent Controller, refusing ejectment of the tenant in spite of holding him, to be a defaulter was restored. 2. A written tenancy agreement was executed by the Respondent on 1 st August, 1968 whereby he became tenant of a portion of shop at rent of Rs. 175 p. m. payable in advance by the 5th of the calendar month. Another sum of Rs. 175 was deposited by the tenant which was refundable on vacating the premises. The tenancy agreement was for eleven months but the tenant continued holding over. 3. The Petitioner sought eviction of the Respondent on the ground of default for the period April, 1970, to February, 1971. The Rent Controller refused ejectment on the ground that "The conduct of the Appellant shows that she has been accepting accumulated rent from the Appellant sometimes in cash and sometimes in cheques and therefore there is no wilful or deliberate default committed by the Appellant in payment of rent to the Applicant." 4. That first appellate authority reversed the order of the Rent Controller…

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