Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8)

Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8)

(a) Islamabad Rent Restriction Ordinance (IV of 2001)-------S. 17--- Constitution of Pakistan Art.199--- Constitutional jurisdiction---Scope---Bona fide personal need of landlord---Ejectment petition of landlord was allowed by Rent Controller and such order was upheld by Appellate Court and concurrent findings of the courts below were assailed by the tenant (petitioner)---Validity---Tenant had moved a civil miscellaneous application before the High Court with the constitutional petition seeking ad-interim injunction, which was granted and the petitioner was directed to deposit up-to-date rent with the Executing Court---Such order of High Court had not been complied with by the tenant in letter and spirit---Tenant had tried his best to linger on proceedings and succeeded in the same and no rent was deposited by the tenant in the Executing Court for almost two years---Contention of tenant that no application was pending in Executing Court was nothing but chicanery---Tenant, in order to show bona fide, was required to seek permission to deposit rent in the court, if any difficulty was ever faced by him--- High Court , in its constitutional jurisdiction was required to observe the demeanour of the parties and to satisfy itself whether any litigant had invoked the jurisdiction of the High Court with clean hands---Court was not to sit as a spectator if any party tried to gain undue advantage---Duty of the court was to provide shield to a victim of such designs---Constitutional jurisdiction of the High Court was always discretionary, and he who seeks equity must come with clean hands---Landlord (respondent) had proved his case on merits---Courts below had appreciated the evidence in its true perspective which did not call for interference---High Court directed tenant to make the outstanding payment of rent to the Deputy Registrar of the High Court---Constitutional petition was dismissed, accordingly. Javaid Ahmed v. Muhammad Imran Malik PLD 2011 Islamabad 30; M/s Zaki-ud-Din Siddiqui v. ADJ, Islamabad 2011 CLC 652 and Muneer Khan v. Uzma Ufaq 2011 CLC 846 ref. Muhammad Saee v. Mst. Sharif Elahi and another 2010 SCMR 1358; Tasnim Jalil and others v. Deputy Director,…

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