MUHAMMAD ALI vs ATLAS KHAN S — 2021 CLC 678 PESHAWAR-HIGH-COURT

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MUHAMMAD ALI VS ATLAS KHAN S.13(6)---Eviction of tenant---Default in payment of monthly rent---Non-compliance of order by the tenant to pay tentative monthly rent---Effect---Outstanding rent---Jurisdiction of the Rent Controller---Scope---Petitioner/tenant contended that Rent Controller had no jurisdiction to adjudicate the recovery of outstanding rent against him and the landlord/respondent had to approach the Civil Court---Held, that the Rent Controller had passed the order under S.13(6) of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959, directing the petitioner/tenant to deposit the tentative rent (before the 14th day of each month), in the presence of both the parties and the petitioner/tenant assailed the said order invoking revisional jurisdiction but the same was dismissed---Record revealed that the petitioner/tenant did not comply with the order (to deposit the monthly rent each month during the pendency of the case) and the Rent Controller, after almost one and half year of passing of said order, struck-off the defence of the petitioner/tenant and directed him to vacate the demised property---Petitioner/tenant, in his written-reply, had not only admitted the relationship of the landlord and tenant existed between them, but he had also not denied/disputed non-payment of rent for the last decade or so---Petitioner/tenant was estopped to challenge eviction order against him due to non-compliance of deposit of monthly rent in terms of penal clause of S.13(6) of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959---Jurisdiction of Rent Controller could not be curtailed only to the extent of passing an ejectment order--- Rent Controller was vested with powers not only to determine the relationship of tenancy between the parties, but he had got jurisdiction to order the recovery of outstanding rent against the tenant---No illegality or infirmity was found in the impugned orders and judgments passed by both the Courts below---Constitutional petition was dismissed, in circumstances.

MUHAMMAD ALI vs ATLAS KHAN S — 2021 CLC 678 PESHAWAR-HIGH-COURT

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