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MUHAMMAD YOUNUS vs MANSOOR ALI (DECEASED) S — 2022 CLC 1787 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLC 1787 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLC
Parties
MUHAMMAD YOUNUS vs MANSOOR ALI (DECEASED) S
Subject matter
Criminal
Provisions referred to
S. 10---P; S. 10

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YOUNUS VS MANSOOR ALI (DECEASED) S.10---Payment of rent---Scope---Subsections (1) and (3) of S.10 prescribe the time and mode, respectively, of payment/tender of the monthly rent by the tenant---Under subsection (3), the tenant would be entitled to tender the monthly rent to the landlord through a postal money order or deposit the same with the Rent Controller only when the landlord had refused or avoided to accept such rent from him---Plain reading of subsection (3) showed that the refusal or avoidance by the landlord in accepting the monthly rent from the tenant is a condition precedent for entitling the tenant or justifying him to tender the monthly rent to the landlord through a postal money order or to deposit the same with the Rent Controller---Tenant shall not be entitled in law to deposit the rent with the Rent Controller without first offering/tendering the same directly to the landlord and only when, upon such offer/tender, the landlord had refused or avoided to accept the rent from him---Burden to prove the tender of rent to the landlord and the refusal or avoidance by the landlord in accepting the rent from him shall lie upon the tenant.

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