Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S.13--Constitution of Pakistan (1973), Art.185(3)-- Leave to appeal was granted to consider whether High Court was right in holding that the stipulation in tenancy agreement making the order of eviction conditional upon committing of default for three continuous months was effective in law in the presence of contrary provisions contained in S.13, West Pakistan Urban Rent Restriction Ordinance, 1959. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S.13--Constitution of Pakistan (1973), Art.185(3)--Ejectment of tenant-­Landlord's pleadings in his ejectment application indicated that tenancy month did not coincide with the calendar month because in that case calendar month would have been mentioned while describing period of default--Tenancy agreement clearly showed that rent was not payable in advance, therefore, same would be due and payable upon the expiry of tenancy month--Rent for the first tenancy month was thus payable, in terms of agreement by the 5th of the next following calendar month--High Court's, view that out of the two months in question rent for the month from 9th February, 1976 to 8th March, 1976 was payable on 5th March, 1976, was not correct--Last date for the said month being 8th March, 1976, rent for that month was payable on 5th April, 1976--Ejectment application having been filed on 15th April, 1976 was pre-mature, as the grace period of 15 days had not by then expired--No default having been committed by the tenant before the institution of ejectment application, same was pre-mature-­Tenant was thus not liable to eviction--Supreme Court came to same conclusion but for different reasons that tenant was not liable to eviction--Question of law raised in appeal was not decided in circumstances. JUDGMENT ZAFFAR HUSSAIN MIRZA, J.--This appeal is directed against the judgment of a learned Single Judge of the Sindh High Court, dated 22nd November, 1983, whereby the Second Appeal filed by respondent No.1 arising out of an order of eviction passed against him was allowed dismissing the application for his ejectment. 2. The present appellants are the purchasers of…

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