2020 YLR 1997 PESHAWAR-HIGH-COURT

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SYED MUHAMMAD VS Mst. FEROZA S. 13---Civil Procedure Code (V of 1908), S.12(2)---eviction of tenant---Ex-parte decree, setting aside of---Sufficient cause---Waiver---Scope---Rent Controller, on the application of landlady for eviction of tenant, directed the tenant to deposit Rs. 31,25,000/- as tentative rent---Tenant assailed the said order in Constitutional petition, which was dismissed---Notice for pursuance of the eviction petition was personally served on the tenant but thereafter he failed to appear before the Rent Controller---Ex-parte proceedings were initiated which culminated into an ex-parte decree---Tenant was arrested and produced before the executing court, whereupon he filed an application under S.12(2), C.P.C., contending therein that the parties had arrived at a private settlement---Tenant pleaded that he had paid an amount of Rs. 7,50,000/- to the landlady and another person was entered in the demised premises as tenant by the landlady---Application under S.12(2), C.P.C. was dismissed and appeal against said order was also dismissed---Validity---Held, it did not appeal to mind that a party who had a solid claim for recovery of Rs. 4.62 million (on the date of dismissal of Constitutional petition) would settle the matter on payment of Rs. 0.75 million, particularly when the receiving party was at a strong footings---No explanation was advanced to the effect as to why the tenant did not bother to pursue the case---Providing a remedy to tenant was unfair as his conduct was equivalent to a waiver---Constitutional petition was dismissed in limine.