Case Details

Citation(s)
2016 SLG 1871 2016 SLD 1871 2016 PLJ 264
Islamabad High Court
W.P.No, 711 of 2016, 21/3/2016
MIANGUL HASSAN AURANGZEB, J

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Najeeb Ullah Khan And Another

VS

Mst. Hameeda Chaudhry And Others

Law:

Section:

Keywords: Result: Petition dismissed JUDGMENT ' Through the instant writ petition, the petitioners, Najeeb Ullah Khan etc, have impugned the Order dated 18.02.2016, passed by the Court of learned Additional District Judge, Islamabad, whereby the petitioners' appeal against the order dated 21.12.2015, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said order dated 21.12.2015, the learned Rent Controller had allowed Respondent No, l's eviction petition by striking off the petitioners' defence under Section 17(9) of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO") and directed them to vacate the rented property within a period of fifteen days. 2. The essential facts are that vide rent agreement dated 08.04.2000 the petitioners had rented Shops No, 1 2, Block No, 73, I T Centre, Sector G-9/4, Islamabad. When the eviction petition under Section 17 of the IRRO was filed on 01.06.2015, the monthly rent of the said two shops was Rs, 13,500/-. The grounds on which the said eviction petition was filed were that the lease agreement had expired on 31.12.2000; that the petitioners had violated clause 5 of the lease agreement by sub-letting one of the shops to Respondent No, 1; that the petitioners had defaulted in the payment of rent; and that the petitioners had not paid the increase rent to Respondent No, 1. The petitioners contested this eviction petition by filing a written reply. Vide order dated 05.10.2015, the learned Rent Controller framed the issues. Furthermore, on the said date, the learned Rent Controller also passed an order under Section 17(8) of the IRRO in the following terms: 2. "Relationship between the parties as landlord and tenant is admitted. Learned counsel for the petitioner admitted the monthly rent @ Rs, 67501- of each shop and submitted that respondent is rent defaulter since May 2015 and respondent be directed to deposit the rent of the rented premises in the Court @ Rs, 67501- per month of each shop. On the other hand learned counsel for the respondent also admitted the rate of monthly rent @ Rs, 6750I-. While the only controversy between the parties is the default of the respondent from May 2015…
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