Case Details

Citation(s)
2016 SLG 1955 2016 SLD 1955 2016 IHC
Islamabad High Court
W.P.No. 345 of 2016, 22.02.2016
MIANGUL HASSAN AURANGZEB, J

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Asad Amin

VS

Noor Hussain

Law:

Section:

Keywords: Result: Petition dismissed MIANGUL HASSAN AURANGZEB, J:- Through the instant writ petition, the petitioner, Asad Amin, impugns the Judgment dated 14.01.2016, passed by the Court of Additional District Judge (West), Islamabad, whereby the petitioner's appeal against the Order dated 20.11.2015, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said Order dated 20.11.2015, the Court of the learned Rent Controller had allowed respondent No.1's eviction petition by striking off the petitioner's defence and directing him to handover the vacant possession of the demised premises within a period of fifteen days. 2. The essential facts for the disposal of this petition are that on 30.05.2013, a lease agreement was executed between respondent No.1 and the petitioner, whereby the latter rented Flat No.103, 1st Floor, Akash Centre, Plot No.5 A/3, F-10 Markaz, Islamabad, for a period of two years, commencing from 01.05.2013. The monthly rent for the first year was agreed to be Rs,15,000/- whereas for the second year the same was to be increased by 10%. This was explicitly stipulated in the said lease agreement, on the basis whereof, the petitioner occupied the demised premises. Even though, the two-year lease period had expired, the petitioner, continued to occupy the demised premises. 3. On 09.04.2015, a legal notice was issued to the petitioner on behalf of respondent No.1 alleging that the petitioner had violated the terms and conditions of the lease agreement dated 30.05.2013 by becoming a rent defaulter. Furthermore, the petitioner was asked to vacate the demised premises on or before the expiry of the said lease agreement. As the petitioner ignored the said legal notice, respondent No.1 was constrained to file an eviction petition under Section 17 of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO") on 06.05.2015 before the learned Rent Controller, Islamabad. The two grounds taken in the said eviction petition were that the petitioner had become a rent defaulter as he had failed to pay the rent due to the tune of Rs.18,000/- with effect from 01.05.2014 till the filing of the said petition and that the lease…
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