Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(2)(i),15

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13(2)(i) & 15---Constitution of Pakistan (1973), Art.199--­Constitutional petition ---Ejectment of tenant on ground of default in payment of rent---Ejectment application was filed by landlord on ground that tenants had failed to make payment of rent for a period of 36 months which was calculated to the tune of Rs.3,60,000---Contention of tenants was that period of tenancy having been fixed between parties as 15 years, no ejectment application could be filed before expiry of said period of 15 years---Tenants termed ejectment application as pre-mature and was not maintainable---Validity---Contention of tenants was repelled because relief sought by tenant was on equitable basis---If tenants would press for observance of condition of 15 years stipulated in agreement arrived at between parties, they were equally bound to discharge their own obligations of making payment of rent to landlords according to terms of said agreement---He who seeks equity, must do equity---Tenants admittedly had not made any payment of rent to landlord from the very inception of tenancy and huge amount of Rs.3,60,000 was claimed to be outstanding against tenants and no argument could be advanced to justify said default in payment of rent--­In absence of payment of rent, it would be highly unfair to say that landlord should be kept waiting for a long period of 15 years and should not bring any action against delinquent tenants--­Tenants were rightly ordered to be ejected on ground of default in payment of rent by Rent Controller and Appellate Authority below. JUDGMENT SHAHZAD AKBAR KHAN, J.---This Constitutional petition has been filed by Safdar Ali and two others assailing the correctness and legality of the order dated 15-3-2000 passed by the learned Rent Controller, Peshawar who ordered the ejectment of the petitioners from the suit property and the order dated 26-1-2001 passed by the learned Additional District Judge, Peshawar who dismissed the appeal of the petitioners. 2. A summary of short facts relevant for the disposal of this petition is that the land measuring three Jeribs belonging to respondent…

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