Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----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. Muhammad Arshad Khokhar v. Mrs. Zohra Khanum and others 2010 SCMR 1071 and Inayat Ullah v. Zahoor-ud-Din and another 1987 SCMR 1313 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan, Art. 199---Eviction of tenant---Willful default in payment of rent---Concurrent findings---Constitutional jurisdiction of the High Court---Scope---High Court could not interfere with the concurrent findings of both the Courts below until and unless there had been found any material irregularity or misapplication of law---In view of the conduct and demeanor of the petitioner/tenant coupled with peculiar facts of the present case, he did not deserve any equitable relief---Constructional petition was dismissed, in circumstances . Mst. Mahmooda Begum and another v. Taj Din 1992 SCMR…

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