2023 YLR 367 PESHAWAR-HIGH-COURT

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RAZA KHAN VS Haji JAVAID S. 17---Ejectment of tenant---Striking of defence---Default in payment of monthly rent---Scope---Appellants were tenants and their defence was struck of due to their failure to deposit monthly rent and eviction order was passed by Rent Controller---Validity---Tenant had no option left to delay making deposit as each day after 5th of each month would fall within the definition of "default"---Default of numerous days when appellant was supposed to deposit defaulted monthly rent with the Court of Rent Controller---On failure of appellant to deposit even a single day after its due date was over, it was incumbent upon Rent Controller to strike the defence within the meaning of S.17(9) of Cantonments Rent Restriction Act, 1962---High Court declined to interfere in eviction order as there was refusal and non-payment of monthly rent along with arrears which were due against tenants who willfully defaulted---Appeal was dismissed, in circumstances.