SHAKILA APPA (LATE) vs NADEEM GHANI Ss — 2022 CLC 1146 KARACHI-HIGH-COURT-SINDH

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SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Deliberate/willful default in payment of the monthly rent---Eviction application was concurrently allowed---Petitioner/tenant (through her son/legal heir) contended that the eviction application filed by respondent was not maintainable as the demised premises (two flats) were rented out to the petitioner on pagri; both the flats were separate/distinct and one eviction application could not be filed in respect of the both; that respondent/landlord used to receive the accumulated rent for several months in lump sums and had not issued the receipts thereof---Held, that as per record both the flats were collectively treated by the parties---Petitioner used to pay collective rent for both the flats---Petitioner's son/legal heir had filed an application before the Rent Controller seeking permission to deposit the rent in Court, wherein he had shown both the flats jointly as his residence and he had not pleaded in written statement that both the flats were rented out on different occasions/through separate agreements---Period of default alleged by respondent and the cause of action pleaded were the same in respect of both the flats---Petitioner could not produce any payment of rent for the disputed period, either on monthly basis or in lump sum---Application filed by petitioner before Rent Controller for allowing him to submit the lump sum amount of collective rent of 15 years proved an admitted position that the rent for the entire disputed period was not paid to the respondent---Such was a clear / deliberate/wilful default in payment of rent for the disputed period on the part of the petitioner---Constitutional petition was dismissed accordingly.

SHAKILA APPA (LATE) vs NADEEM GHANI Ss — 2022 CLC 1146 KARACHI-HIGH-COURT-SINDH

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