Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--Ss. 10(1) & 15---Constitution of Pakistan (1973), Art. 185 (3)---Rent, payment of---Tenant had not acquiesced in the periodic payments of accumulated rents for several months---Both the Courts below had ordered the ejectment of the tenant---No agreement for deviation from or non­observance of the mode prescribed by law for ensuring prompt payment of monthly rent could be presumed merely by reason of occasional waiver of default by landlord or acceptance of accumulated rent by him---Any deviation, to be effective,. should be by any mutual agreement, voluntarily, and conscientiously entered into---No exception could be taken to . the of High Court---Leave to appeal was refused. Taher Ali and 2 others v. Sh. Miran BuR Karam Bux and another 1989 SCMR 403; Muhammad Rafique Chaudhry v. Abdul Hamid and 3 others 1988 SCMR 1385; Abdul Aziz v. Abdul Ghani 1986 SCMR 1857; Alima Ahmad v. Amir Ali PLD 1984 SC 32 and Pragma Leather Industries v. Sadia Sajjad PLD 1996 SC 724 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.10(1)---Payment of rent in absence of any date fixed by mutual agreement between landlord and tenant---Object of provision of S.10(1) of Sindh Rented Premises Ordinance, 1979---Such provision providing for regular payment of rent to landlord was in consideration of restrictions placed on the rights of the landlord to deal with his property and, therefore, should be strictly construed in favour of landlord. Shezan Limited v. Abdul Ghaffar and others 1992 SCMR 2400 ref. N.C. Motiani, Advocate-on-Record for Petitioner Nemo for Respondent. Date of hearing: 16th August, 1999. ORDER KAMAL MANSUR ALAM, J.---The petitioner is seeking leave to appeal from judgment dated 5-3-1999 of a learned Single judge of the High Court of Sindh in F.R.A. No.392 of 1991 filed by the petitioner against the order dated 13-7-1991 of the IVth Senior Civil Judge and Rent Controller, Karachi East, in Rent Case No.410 of 1989 allowing respondent's application for the eviction of the petitioner. 2.. The respondent is the owner-landlady of the building situated on Plots Nos.565 and 566, Khushhal Road, P.E.C.H.S.,…

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