Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 21

Constitution of Pakistan (1973)--Art.185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.21-­Ejectment--Unauthorised construction and subletting by tenant estab­lished--Plea of having obtained oral consent from landlord/waiver and acquiescence by way of his continuing to accept rent--Leave granted to examine (i) Whether waiver was established in circumstances of case, and (ii) Whether tenant was entitled to raise plea of waiver for first time in High Court after having abandoned it before Rent Controller and first appellate Court. ORDER ZAFFAR HUSSAIN MIRZA, J.-- The petitioner obtained an ejectment order from the Rent Controller against the respondent in respect of a commercial building at Karachi, on the ground that the latter had committed default in the payment of rent, constructed two rooms over the first floor of the building without his consent and sublet a portion of the demised premises without his consent. On appeal the Appellate Authority and Additional District Judge reversed the findings on the question of default in the payment of rent but affirmed the finding on other issues and upheld the order of eviction. On a second appeal by the tenant, however, the High Court of Sind, Karachi, set aside the order of eviction and allowed the appeal of the tenant by its judgment dated 5-8-1984. 2. The main plea advanced by the respondent as against two-fold grounds taken by the landlord, namely, unauthorised construction and subletting was that in spite of knowledge gained by…

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