Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(2)(i)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 (2) (i)-Interpretation-Non-payment of rent-provision contained in S. 13 (2) (i) provides statutory forfeiture of tenancy -Arrears of rent tendered by money order before institution of eject ment application and same accepted by landlord after filing of petition - Acceptance of rent does not render application for ejectment incompe tent-No provision in Ordinance regarding waiver by landlord of for feiture of lease. In the present case the amount was remitted one day before the institution of the ejectment application, which was later on duly received by the landlord It was argued on behalf of the tenant that since the amount of rent remitted one day before the institution of the ejectment application was accepted later on by the landlord, therefore, be waived his right to get the tenant ejected on account of default made by -him for the relevant period. There is no provision in the West Pakistan Urban Rent Restriction Ordinance, 1959 with regard to waiver by landlord of forfeiture of lease. According to clause (i) of subsection (2) of section 13 of the West Pakistan Urban Rent Restriction Ordinance a tenant is liable to be evicted if the Controller after giving the tenant a reasonable opportunity of showing cause against the ejectment is satisfied that the tenant has not paid or tendered rent due from him in respect of building or rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his land lord or in the absence of any such agreement within sixty days from the period for which the rent is payable. The liability to ejectment arises on account of the commission of default in the payment of rent and there is no provision in section 13 of the Ordinance that such liability is waived if the landlord accepts rent for a period subsequent to that for which the default has taken place or on a date subsequent to the filing of his application for the tenant's eviction. In the present case though the amount of rent remitted by the tenant before the institution of the ejectment application was duly received by the landlord after the filing of the application,…