-Ejectment Petition—Default in payment of rent—Strikingoff defence—Recovery of defaulted rent

2019 Y L R 757

Section 13 of Khyber Pakhtunkhwa Urban Rent RestrictionOrdinance, 1959 did not authorize the Rent Controller for passing final order/decree against tenant for recovery of defaulted rent—Rent Controller couldpass order for deposit of arrears of rent and in case of default couldstrike-off defence of tenant but had no jurisdiction to pass a decree forrecovery of defaulted rent—Landlord could file a suit for recovery of saidrent before Court of competent jurisdiction— Impugned judgments passed by theCourts below were set aside to the extent of direction for payment of rent

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