2022 CLC 1146 KARACHI-HIGH-COURT-SINDH

Full text

SHAKILA APPA (LATE) VS NADEEM GHANI Ss.10 & 15---Accumulated rent---Ground for eviction---Admission of the payment by landlord---Scope---Acceptance by the landlord that accumulated rent had been paid by the tenant periodically/with intervals would not mean that he did not desire/expect rent to be paid within time by the tenant as required by law or that he had waived his right to claim rent within time---Such practice by the landlord would, in no way, override/negate the express provisions of law, nor could it absolve the tenant from discharging his statutory obligation of paying the rent to the landlord within time under the provisions of relevant laws---Court had no power to superimpose any new procedure/method for payment of rent extraneous to the statute---Tenant had a duty to pay rent to the landlord within time as required by law through any of the modes prescribed by law, and it was not the duty of the landlord to collect rent from the tenant or to remind or chase him for payment of rent---Payment of the accumulated rent even once by a tenant would make him liable to eviction.