1990 CLC 22 PESHAWAR-HIGH-COURT

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FAQIR MUHAMMAD VS AKHTAR ALI West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ---S.13---Constitution of Pakistan (1973), Art. 199---Default in payment of rent-Proof--Tenant's contention was that when title of property in question was finally decided by High Court in favour of landlords subject to payment of Rs.3,2(NI as mortgage amount, tenants, were not aware of any redemption by landlords an(! thus non-payment of rent was not intentional--Tenant's such contention was fallacious because, on deposit of mortgage amount and passing of order of redemption by authorities, landlords had submitted an application to the Authority for delivery of possession to them impleading tenants as party thereto, who contested the same pleading that he was occupying the premises under landlord and that his eviction was barred under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959. which contention had prevailed with the Authority who had dismissed landlord's application- for lack of jurisdiction on account of existence of relationship of landlord and tenant--Tenant thus not only got the knowledge but attorned to the landlords, as their tenant--No justification for tenant to commit default in payment of rent was made out--Tenant therefore was proved to be wilful defaulter--Finding of Appellate Court on default being fructified, did not call for interference.