Law:

Section:

Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment petition---Wilful default, personal need and subletting by tenants---Non-deposit of rent by tenants in the Court---Effect---Initiation of ejectment proceedings---Pre-requisite---Tenants contended that neither they were served with notice by new landlord, nor he was owner of the subject property---Landlord contended that first appellate court had rightly passed ejectment order on the basis of wilful default by the tenants---Validity---Record revealed that tenants had not deposited the rent in court which was essential pre-requisite--- Even if tenants had not accepted the new owner as landlord they were legally bound to deposit rent in the court which they had not done deliberately---Despite the fact that tenants claimed the monthly rent to be Rs. 100/- per month in current high rise period of inflation the same had not been deposited in the court---Tenants had simply relied on the receipt of money order sent to the previous owner but the same did not absolve their liability to deposit rent in the court after institution of ejectment proceedings---Copy of notice sent to the tenants was exhibited by the landlord with the ejectment petition which negated the contention of tenants regarding non-issuance of notice by the new owner---No illegality or infirmity having been noticed in the impugned order passed by first appellate court---Second appeal of tenants was dismissed accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- This is second appeal under section 15(6) of Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959, against the judgments/orders dated 06.03.2012 whereby the learned appellate court accepted appeal of respondent/landlord and allowed his ejectment petition by setting aside order dated 20.06.2011 passed by learned Rent Controller. 2. Respondent/landlord filed ejectment petition against the present appellants on the ground of default of rent, personal use and subletting. It is alleged that appellant No.1 has sublet the property to appellant No.2. Respondent/landlord produced evidence in support of his petition that he has become owner of…

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