2017 YLR 1312 PESHAWAR-HIGH-COURT

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Mirza FAZAL GHANI VS BAHADAR KHAN 1992 SCMR 943, 2001 YLR 1979, Ejectment of tenant--Term , Khyber Pakhtunkhwa Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Rent deed---Payment of advance rent---Condition that amount of rent should be adjusted from the advance amount---Effect---Rent agreement was executed with the condition that monthly rent would be deducted from the advance paid rent---Landlord filed eviction petition which was accepted concurrently---Validity---Rent of demised premises was paid in advance and monthly rent was to be deducted from the same---No specific condition existed in the rent deed that prior to the adjustment of entire paid rent amount the landlord would be entitled to evict the tenant---Paid rent amount would commensurate the period of rent till last deduction from the advance paid rent---No clause in the rent deed with regard to its termination and payment of unadjusted advance paid rent amount existed---Tenant should keep the demised premises in his possession till final deduction of monthly rent from the advance paid rent---Serving of notice prior to entire adjustment of advance paid rent was pre-mature and based on mala fide---Landlord could not evacuate the demised premises from the tenant prior to adjustment of entire advance rent amount---Impugned order/judgments of fora below were wrong and result of mis-reading and wrong interpretation of rent deed which were set aside---Eviction petition filed by the landlord was dismissed---Constitutional petition was allowed in circumstances.