Law: Khyber Pakhtunkhwa Urban Rent Restriction Ordinance, 1959

Section: 13

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Khyber Pakhtunkhwa Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Civil Procedure Code (V of 1908), S. 12(2)---Eviction of tenant---Bar to further suits---Failure to pay rent---Scopes application for eviction of tenant was allowed and during the execution proceedings, petitioner stepped in the court with an application under S.12(2), C.P.C. claiming to be tenant of the demised premises since 1940 as before him, his father was tenant in the demised premises---Courts below concurrently dismissed the application of petitioner---Validity had produced some paid electricity and gas bills in support of his version but the electricity bill portrayed the number of shop other than the demised premises and the gas bill did not contain any shop number did not produce any recent rent receipt as to the payment of rent and only produced two receipts which were twenty five years old---Said receipts could not be taken as conclusive proof of continuation of the tenancy took plea that the respondent stopped receiving rent from him for the last three years but he did not pay rent through money order or through any other permissible means---High Court observed that even if the petitioner was impleaded in the eviction petition he would be evicted from the demised premises on the basis of default in payment of rent had failed to point out any illegality, irregularity or jurisdictional defect in the concurrent findings of law and fact of the forums below---Constitutional petition was dismissed in limine. JUDGMENT AHMAD ALI, J.--- The petitioner through this writ of certiorari under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has called in question the vires of Judgment and Order dated 21.12.2019 of the learned Addl. District Judge-XIV, Peshawar, whereby his civil revision filed against order dated 19.09.2019 of the learned Rent Controller-I, Peshawar, was dismissed. 2. Brief and essential facts for the decision of present writ petition are that the respondent No.1 filed a petition for eviction of the respondent No.2 from shop No.716 under the provisions of section 13 of the Urban Rent Restriction Ordinance, 1959. The petition was allowed by the…

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