Law:

Section:

Arbitration Act, 1940 (X of 1940)-- ----Ss. 20 & 34--Islamabad Rent Restriction Ordinance, 2001, Ss. 4 & 17(1)(2)--Application for stay--Dismissed--I.C.A. Dismissed--Lease agreement extendable--Arbitration clause--Maintainability--Question of--Whether applicants can remain in occupation of rented premises beyond 30.9.16--Challenge to--Jurisdiction--Parties competent to execute contracts are at liberty to enter into arbitration agreements for resolution of their contractual disputes--But when there is a special statute (such as IRRO) covering field of a particular dispute (such as eviction of a tenant), provisions of special statute alone have to be invoked and dispute cannot be referred to any other mode of adjudication--Rent Controller proceedings are special proceedings insofar as eviction of a tenant, fixation of fair rent of a building etc., are concerned and, therefore, special statute (in this case, IRRO) alone will apply--Question of eviction of a tenant from rented premises to which provisions of IRRO apply, is concerned, Rent Controller alone has jurisdiction--In arbitration proceedings, question of eviction cannot be gone into--Even if there is an arbitration clause in lease agreement, an eviction petition seeking eviction of tenant from rented premises is maintainable--Rent Controller has correctly exercised his jurisdiction by holding, in effect, that jurisdiction of Rent Controller is not ousted due to presence of an arbitration clause in lease agreement between appellants and respondents--We are also of view that respondents could not invoke jurisdiction of any other forum other than that of Rent Controller for filing an eviction petition against appellants--Hence, we have no hesitation in upholding concurrent orders passed by learned Judge-in-Chambers and learned Rent Controller--Petition was dismissed. THIS JUDGMENT DELIVERED BY: Miangul Hassan Aurangzeb, J.- Through the instant Intra Court Appeal, the appellant, Ch. Naseer Ahmed and his wife, Mrs. Nusrat Naseer, impugn the judgment dated 10.04.2017, passed by the learned Single Judge-in-Chambers, whereby Writ Petition No. 302/2017, instituted by the appellants, was dismissed. Through…

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