2017 CLCN 111 PESHAWAR-HIGH-COURT

Full text

TAHIR VS JEHANGIR KHAN S. 13---Ejectment of tenant---Change of ownership of demised premises---Notice---Denial of relationship of landlord and tenant by the tenant---Default in payment of rent---Dispute with regard to title of demised premises---Effect---Tenant denied relationship of landlord and tenant---Rent Controller declared the tenant as defaulter and directed for eviction from demised premises within thirty days---Validity---Mere pendency of any dispute with regard to title between landlord and other party would not absolve the tenant to pay rent---Tenant had challenged the title of landlord and admitted the tenancy in the demised premises but refused to acknowledge him as landlord---Tenant had not been restrained by any party from payment of rent to the landlord nor landlord had refused to receive the monthly rent---Tenant even in case of refusal to accept rent by landlord was required to tender the rent through postal money order or to deposit the same in the office of Rent Controller---Tenant was bound to pay rent either to the previous landlord or subsequent transferee---Filing of eviction petition by landlord would amount to a notice---Tenant was supposed to pay rent from the date owner of demised premises became landlord---Non-payment of rent after institution of eviction petition would alone be sufficient for ejectment of tenant---Tenant was contumacious defaulter of rent and his eviction was justified---Question of title had no relevance in the proceedings before the Rent Controller---Tenant had no right to raise any objection with regard to ownership of demised premises---Rent Controller was not competent to determine question of title of demised premises which was job of civil court---Courts below had rightly passed the eviction orders---Constitutional petition was dismissed in circumstances.