2002 CLC 28 PESHAWAR-HIGH-COURT

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AMIR NAWAZ VS MEMBER, BOARD OF REVENUE, N.-W. F. P., PESHAWAR Constitution of Pakistan 1973--199 , ----S. 49---Constitution of Pakistan (1973), Art.199---Constitutional petition ---Ejectment of tenant for default in payment of 'rent---" Defaulter" and "wilful defaulter"---Distinction---Plea raised by the tenant was that he was not a "wilful defaulter"---Validity---Default in the rent was admitted by the tenant---Where there was specific provision in .a special law viz. North-West Frontier Province Tenancy Act, 1950, principles of other laws were not applicable---No difference exists between defaulter and wilful defaulter under the provisions of North-West Frontier Province Tenancy Act, 1950---Failure to pay arrears of rent by tenant to his-landlord, made him liable to eviction at the instance of landlord--High Court declined to interfere with the orders passed by the .Revenue Authorities---Petition was dismissed in circumstances.