Law:

Section:

Islamabad Rent Restriction Ordinance (IV of 2001)--- ----Ss. 17, 19 & 25---Eviction of tenant---Tentative rent order---Striking off defence---Scope---Tenant was directed to deposit arrears of rent in the Court who failed to deposit the same and eviction petition was allowed---Contention of tenant was that rent had been paid to the previous landlord as he was not aware of change of ownership of rented premises---Validity---Rent for the month of January 2016 had been deposited in the Court in the name of landlord---Tenant should not have been non-suited in circumstances---Change in the ownership of rented premises was a dispute which was to be resolved after recording of evidence---Rent Controller could not take penal measure of striking off his defence and accept landlord's eviction petition simply because tenant did not deposit rent of the period which was disputed between the parties---Landlord could not claim rent for the period when he had not even become the owner of rented premises---Impugned orders passed by the courts below were set aside---Eviction petition was directed to be decided by the Rent Controller within the period stipulated in S. 25(3) of Islamabad Rent Restriction Ordinance, 2001---Constitutional petition was allowed in circumstances. Najeebullah Khan v. Hameeda Chaudhry 2016 YLR 1538; Muhammad Shahid Fahim v. Abdullah Tayyab 2016 MLD 1121; Bilal Abid v. District Judge West 2015 YLR 2405; George Chou v. Fahmida Zaidi 2015 YLR 2543; Shamshad Ali v. Ghulam Muhammad Chaudhry 2009 CLC 52; Roshan Habib v. Haji Usman 1986 CLC 1484 and Mushtaq Ahmed Kiani v. Bilal Umair 2009 SCMR 1008 ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- Through the instant writ petition, the petitioner, Roger Lee, impugns the judgment dated 03.10.2016, passed by the Court of the learned Additional District Judge (West), Islamabad, whereby, the petitioner's appeal against the order dated 20.09.2016, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said order dated 20.09.2016, passed under section 17 (9) of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO"), the learned Rent Controller struck off…

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