Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Leave to appeal granted to landlord to examine whether a tenant continuing in possession of demised 'premises after expiry of written agreement of tenancy was not controlled stricto senso by terms of agreement particularly with regard to payment of rent by a particular date and whether Controller's discretion not to eject a tenant on his being found in default has to be based on recognized equitable principles. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Default-Delay in payment of rent-Ejectment-Practice of attorney of landlord of collecting accumulated rents, held, of no avail in explaining delay and default-Order of Rent Controller holding that there was no "persistent or wilful" default and ignoring law laid down in Syed Waris All Tirmiz: v. Liaquat Begum 1980 S C M R 601, held, was clearly an error on Rent Controller's part--Such order not exercise of discretion by Rent Controller but a finding of fact demonstrably incorrect-Tenant, held further, in default of payment of rent and liable to be ejected in circumstances. Muhammad Yousaf's case P L D 1980 S C 298; Alai' Din's case 1980 S C M R 767 and Muhammad Alimullah v. Zlaul Islam P L D 1973 Kar. 56 ref. Syed Waris All Tirmizi v. Maquat Begum 1980 S C M R 601 fol. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) -- S. 13-Default-Delay in payment-Ejectment-Hardship of law High Court holding that though it is a statutory duty of a tenant to pay rent to a landlord in terms of S. 13 (2) (i) of Ordinance, but if a landlord by his representation/conduct/omission leads to a tenant to believe that time mentioned in above provision of Ordinance is not to be adhered to, and thereafter the landlord wishes to enforce above provision strictly, in that' event, landlord should first put tenant to notice by serving a notice or otherwise, to the affect that henceforth he should make payment of rent regularly month to month in terms of above provision or in any case ejectment proceedings in such a case should be preceded with service of a notice calling upon tenant to…

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