2019 YLR 757 PESHAWAR-HIGH-COURT

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Syed NAEEM SHAH VS Khawaja ZAHOOR IQBAL S. 13---Ejectment of tenant---Default in payment of rent---Striking off defence---Recovery of defaulted rent---Procedure---Rent Controller passed order for deposit of monthly rent before 15th of each month---Tenant did not cross-examine the witnesses and his defence was struck-off---Rent Controller accepted eviction petition on the ground of default and personal need and tenant was directed to deposit defaulted rent---Validity---Tenant did not comply with the order passed by the Rent Controller for deposit of rent before 15th of each month---Delay of single day in deposit of rent without any explanation was sufficient to strike-off defence of tenant---Tenant was provided opportunity to cross-examine the witnesses of landlord but he intentionally opted not to cross-examine them on the ground that he had filed constitutional petition before High Court---Tenant was afforded opportunity to produce evidence but he failed and his defence was struck-off---Conduct of tenant remained contumacious and he had been delaying the matter on one or the other pretext---Defence of tenant had rightly been struck-off in circumstances---Section 13 of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959 did not authorize the Rent Controller for passing final order/ decree against tenant for recovery of defaulted rent---Rent Controller could pass order for deposit of arrears of rent and in case of default could strike-off defence of tenant but had no jurisdiction to pass a decree for recovery of defaulted rent---Landlord could file a suit for recovery of said rent before Court of competent jurisdiction--- Impugned judgments passed by the Courts below were set aside to the extent of direction for payment of rent---Constitutional petition was disposed of in circumstances.