2019 YLR 1817 KARACHI-HIGH-COURT-SINDH

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Mst. ZULEKHA KHANUM VS PERVAIZ AKHTER S. 15---eviction petition---Default in payment of rent---Accumulated rent---Scope---Landlady sought eviction of tenant on the ground of default in payment of rent---Plea of tenant was that he used to pay accumulated rent for several months to the landlady through rent collector who, despite his repeated requests, did not come to collect the rent for the disputed period and due to such delay rent was paid after six months---Rent Controller ordered for eviction of tenant and Appellate Court allowed the appeal---Validity---If landlord accepted accumulated rent from the tenant periodically or with intervals, it did not mean that he did not desire or 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 in no way overrided or negated 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---Even the court had no power to superimpose any new procedure or method for payment of rent extraneous to the statute---Tenant was bound to pay rent to the landlord within time as required by law through any of the modes prescribed by law; and it was not duty of the landlord to collect rent from the tenant or to remind or chase him for payment of rent; and, payment of accumulated rent even once by a tenant would make him liable to eviction---Tenant had, in the present case, admittedly paid accumulated rent of six months, which showed that there was a clear default on his part---Judgment passed by Appellate Court was set aside and the order passed by Rent Controller for eviction of tenant was restored---Constitutional petition was allowed, accordingly.