Law:

Section:

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----Ss. 5, 17 & 28---Ejectment of tenant---Lease agreement---Non-compliance of provision of Islamabad Rent Restriction Ordinance, 2001---Effect---Contentions of tenant were that lease agreement was required to be in writing, that there was no written agreement therefore Rent Controller did not have jurisdiction to decide the controversy---Eviction petition was accepted concurrently---Validity---Every lease agreement had to be in writing---Rent Controller had to invoke penalty where any provision of Islamabad Rent Restriction Ordinance, 2001 had been violated---Section 5 of Islamabad Rent Restriction Ordinance, 2001 was mandatory in nature---Scope and purpose of S. 28 of Islamabad Rent Restriction Ordinance, 2001 was to curtail frivolous denial vis-à-vis relationship of landlord and tenant---Section 28 be invoked at the earliest while proceedings were pending before the Rent Controller---Landlord had not complied with S.28 of the Ordinance---Mere tendering a document in evidence did not prove the same---Party relying upon the document had to prove the same in accordance with law---Judgments of both the courts below were set aside by the High Court and matter was remanded to Rent Controller to ensure compliance of S. 28 of Islamabad Rent Restriction Ordinance, 2001 and decide the case afresh on merits---Constitutional petition was accepted in circumstances. Niaz Mohammad Khan v. Mian Fazal Raqib PLD 1974 SC 134; Barkatullah Khan v. Mirza Mohammad Hasan PLD 1986 Kar. 309; Shakeel Ahmed and another v. Mohammad Tariq Farogh and others 2010 SCMR 1925; Muneer Khan and another v. Uzma Ufaq and 3 others 2011 CLC 846; Javaid Ahmed v. Mohammad Imran Malik PLD 2011 Isl. 30; M/s Zakiuddin Ahmad Siddiqui and another v. Additional District Judge, Islamabad and 2 others 2011 CLC 652; Mohammad Taj v. Mohammad Younis Khilji and another 2008 CLC 1666; Dr. Raja Mohammad Kamran v. Shaheer Constructions through Rao Naveed Aftab and 3 others 2013 MLD 118; Abdul Rasheed v. Maqbool Ahmed and others 2011 SCMR 320; Amjad Iqbal v. Haji Sabir Hussain and 4 others 2009 CLC 289 and Syed Abdul Rauf v. Abdul Sattar 1998 SCMR…