Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17

Law: Constitution of Pakistan, 1973

Section: 199

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Ejectment of tenant---Default in payment of rent---Defect in title document of landlord---Effect---Change of ownership---Notice to the tenant---Lease agreement---Scope---Tenant failed to produce defence evidence and his right to produce evidence was closed---Eviction petition was accepted concurrently---Validity---No adverse claim with regard to title of demised premises on behalf of tenant was on record---Status of a person would become that of a tenant in absence of adverse claim of title---Relationship of landlord and tenant had been established on record---Mere non-production of lease agreement with the previous owner could not be termed fatal to the case of landlord---Tenant had not tendered rent either in the court or to the previous owner of demised premises---Tenant had no concern with the defect or verification of title document of demised premises---Even defective title of landlord did not entitle the tenant to evade payment of rent---Tenant could not ask for inspection of title document of demised premises---Filing of eviction petition was sufficient notice to the tenant---Tenant had committed wilful default in payment of rent---No interference was warranted in the impugned order passed by the Appellate Court---Tenant had not approached High Court with clean hands---Conduct of tenant remained dubious from the very inception of the case and he played hide and seek with the judicial procedure---Constitutional petition was dismissed with special cost of Rs.10,000/- in circumstances. Mst. Munawar Sultana v. Additional District Judge, Islamabad 2005 CLC 1119; HBL v. Dr. Munawar Ali Siddiqui 1991 SCMR 1185; Qaiser Javed Malik v. Pervaiz Hameed and 2 others 2009 SCMR 846; Ghulam Rasool v. Mian Khurshid Ahmed 2000 SCMR 632; Mst. Khursheed Begum and another v. Muhammad Siddique 1991 CLC 1134; Ghulam Waris v. Riaz Ahmad Advocate 1990 MLD 2300; Muhammad Yameenullah Pervez Malik v. Mrs. Syeda Habiba Rizvi 1990 MLD 2356; Pakistan National Shipping Corporation v. M/s General Service Corporation 1992 SCMR 871; Aziz Begum v. Faiyaz Butt 1991 CLC Note 9 and Fakhruddin Khan Syed v. Mst. Surryia…

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