Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 13---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider the contention of the petitioners that the discretion in the case had been exercised illegally and contrary to the established principles of law on the grounds that (i) there could not be exercise of discretion against the law or legal principles; (ii) that if the defence taken by the tenant was found not proved or false, no question of exercise of discretion would arise in such a case; (iii) if the landlord's right to recover rent was denied by the tenant, he would forfeit the right to the exercise of discretion in his favour and (iv) discretion in favour of the tenant was exercisable only if it was shown that the tenant made an honest attempt to perform his obligations under the law. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Default---Mere fact that the landlord condoned the delay in payment of rent every month, is no ground for holding that he had agreed to modify the contract of tenancy---Parties cannot contract themselves out of the provisions of the Ordinance, neither party can plead a practice which .is contrary to the Ordinance---Mere fact that a landlord accepted a delayed payment of rent by the tenant on a number of occasions cannot be said to have given rise to any practice whittling down the requirement of law that the rent has to be paid by the tenant by fifteenth of every month---Tenant thus is bound to pay rent at the expiry of every month of tenancy. Abdul Rashid v. Saleh Muhammad 1980 S C M R 506; Dr. Syed Waris Ali Tirmizi v. Mst. Liaqat Begum 1980 S C M R 601; Messrs Tar Muhammad Janoo and Co. v. Taherali and others 1981 S C M R 93 and Malka Begum v. Mehr Ali Hashmi 1984 S C M R 755 ref. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 13---Default---No express agreement to change the mode of payment was pleaded---Tenant over a period of 2-1/2 years had made payment after receiving letters from the landlords which fact alone was not sufficient foundation for exercise of discretion in favour of the tenant. Abdul Aziz v. Abdul Ghani 1986 SCMR 1857 ref. (d)…

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