Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--­S. 15---Ejectment of tenant was sought on ground of default---Agreement between the parties required that rent was to be paid monthly---Tenant taking lea of practice of payment of accumulated rent---Such plea has to be specifically pleaded---Record showed that except for some occasions when rent was paid for two or three months by tenant, payment of rent was made regularly---Held, such fragmented evidence of payment of accumulated rent could neither create practice nor develop into an arrangement between the parties to pay rent after every three or four months---Particular mode of payment by mutual conduct of the parties would become practice provided it was consistent, uniform, regular and with the consent of parties---No consistent and regular mode of payment of accumulated rent after regular intervals having been established, weak plea of practice of payment of accumulated rent would not dislodge the provisions of law requiring the payment of monthly rent regularly. (b) Sindh Rented Premises Ordinance (XYII of 1979)--­ ----S. 19---Pleadings---Rules of pleading though do not strictly apply, yet if any specific plea which goes to the root of the matter and is a main defence, party should plead mainly for the reason that the other side may not be taken by surprise and he may have the opportunity to meet the plea so raised. JUDGMENT SALEEM AKHTAR, J.---This appeal with the leave of the Court challenges the judgment passed by the learned Judge in Chambers whereby the appeal filed by the re4pondent was allowed and the ejectment application which had been granted by the learned Controller, was dismissed. 2. The respondent had filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 on the ground of default in payment of rent from July 1987 up to the filing of the application dated 27-1-1988. In his written statement the respondent pleaded that the application is not maintainable. It is at frivolous and vexatious. It was further pleaded that the respondent is a tenant and since the inception of tenancy, appellant's agent or son had been receiving collecting the rent by herself/himself,…

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