2018 YLRN 252 PESHAWAR-HIGH-COURT

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NOOR-UR-REHMAN VS FAISAL KAMAL S. 13--- eviction petition--- Wilful default---Scope---Delay in compliance of tentative rent order---Striking off defence---Scope---Petitioner/ tenant referred Medical certificates regarding his ailment for the first time before the High Court---Effect---Tenant contended that he was ill so he submitted application to deposit rent with the delay of three days in compliance of tentative rent order of the Court, for which he had medical certificates---Landlord contended that medical certificates were never submitted before the two Courts below---Validity---Provisions of S.13(6) of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959 were mandatory in nature---Once the Rent Controller had directed the tenant for deposit of tentative rent before 15th of every month, then it was mandatory for the tenant to deposit the said rent as per direction of the Rent Controller---Tenant had defaulted, to deposit the rent---Plea of the tenant regarding his ailment seemed to be an afterthought as he neither took such plea nor produced the medical certificates before the two Courts below---Said medical prescriptions/ certificates could not be taken into consideration by the High Court---Even delay of one day was considered to be wilful default under S.13(6) of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959---No illegality or infirmity having been noticed in the impugned orders passed by the two Courts below, constitutional petition was dismissed accordingly.