2024 YLR 122 PESHAWAR-HIGH-COURT

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NISAR (deceased) VS MUHAMMAD IQBAL (deceased) S. 13---eviction of tenant---Wilful default in payment of rent---Tendering of rent---Options---Rent Controller passed eviction order, which was maintained by the Appellate Court---Contention of the petitioner/tenant was that he had attempted to discharge his liability of paying the rent arrears---Validity---Record was silent regarding the contention of the petitioner---If the respondent/landlord denied receiving the rent-then tenant had option to send the same through money order or to approach the Rent Controller for deposit of rent so that the conduct of the respondent/landlord not willing at all to receive the rent could surface---Even option of depositing rent before the Rent Controller had not been exercised by him during the pendency of eviction proceedings as record showed that the respondent/ landlord had approached the Rent Controller through written application of withdrawal of rent, if any, but the Nazir reported that no rent had been deposited by the petitioner/ tenant---Regarding willful default on the part of the petitioner/tenant , both the Courts below had rightly passed their respective orders and as such the same neither suffered from jurisdictional defect or any other material illegality or irregularity---Constitutional petition was dismissed, in circumstances.