Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 7

Law: Constitution of Pakistan, 1973

Section: 199

(a) Islamabad Rent Restriction Ordinance (IV of 2001)---- ----S. 17----Constitution of Pakistan, Art. 199---Eviction petition---Default in payment of rent---Delay in deposit of rent in court---Principles---Landlord filed eviction petitions seeking eviction of tenants on grounds of default in payment of rent, non-payment of utility bills and requiring rented premises for structural changes---Rent Controller, passing order under S. 17(8) of Islamabad Rent Restriction Ordinance, 2001, directed tenants to pay arrears of rent and to deposit future rent in court---Rent Controller, for default in payment of rent in court, allowed eviction petitions and appellate court maintained order of Rent Controller---Landlord took plea that even delay of one day in depositing rent was not condonable---Validity---Under S. 17(8) of Islamabad Rent Restriction Ordinance, 2001, arrears of rent under order of Rent Controller were to be deposited with court and same were not to be tendered to landlord---No justification was available with tenants to tender rent through cheque, as payment through cheque was not valid mode for deposit of rent---Tenant, in their affidavits, had admitted delay of two days in deposit of rent---Provision of S. 17(9) of Islamabad Rent Restriction Ordinance, 2001 were mandatory, and no discretion was left with Rent Controller in case of default in payment of rent---Even if Rent Controller was on leave on the date when rent was tendered, duty judge was available, and courts were not closed---Impugned s of courts below were maintained---Constitutional petitions were dismissed in circumstances. Abdullah Ghanghro and another v. Mst. Tahira Begum and another 1988 SCMR 970; Shahabuddin v. Zubair Aslam and 3 others 2010 MLD 1002; Major (Rtd.) A.S.K. Samad v. Lt. Col. (Rtd.) A. Hussain and another 1983 SCMR 773; S.M. Ismail v. CDA through Chairman and 5 others 2006 CLC 131; Messrs Journalist Publications (Pvt.) Limited v. Mumtaz Begum alias Mustari Begum 2004 SCMR 1773 and Safeer Travels (Pvt.) Limited through Chief Executive v. Muhammad Khalid Shafi through legal heirs PLD 2004 SC 690 distinguished. Shamshad Ali v. Ghulam Mohammad Ch. and another 2009 CLC 52; Saeed…

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