1989 PLD 102 PESHAWAR-HIGH-COURT

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SAMAR KHAN VS SAFDAR N.-W.F.P. Tenancy Act 1950--49 , N.-W.F.P. Tenancy Act 1950 ---S. 49--Constitution of Pakistan (1973), Art. 199--Ejectment of tenant for default in payment of rent--Concurrent findings of two Courts viz. Trial Court and Appellate Court set aside by revisional Court on the ground that default being not wilful, tenants were not liable to be evicted--Order impugned--No distinction exists between default and wilful default--Failure to pay arrears of rent by tenant to his landlord makes him liable to eviction at the instance of landlord-Revisional Court had erred in setting up a defence for respondent which he had not himself raised at the proper time--Even revisional Court was riot justified in setting aside concurrent finding of fact of two Courts below when apparently there was no jurisdictional error, material irregularity or misreading/non-reading of evidence--Order of revisional Court being based on illegal exercise of jurisdiction was set aside in Constitutional jurisdiction.