Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17,17(8)(9)(19)

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Eviction petition---Defence, striking off---Failure to deposit rent---Expression "the monthly rent which subsequently becomes due", occurring in S. 17(8) of the Islamabad Rent Restriction Ordinance, 2001---Connotation---Tenant assailed the order of striking of defence for the delay in depositing the rent for the month of February---Plea of tenant was that the required rent was to be paid before fifteenth of March---Tenant placed reliance on the phrase "the monthly rent which subsequently becomes due" used in S. 17(8) of Islamabad Rent Restriction Ordinance, 2001---Validity---Phrase "the monthly rent which subsequently becomes due" had no nexus with the month, which followed the specified date for payment of arrears---Legislative intent was absolutely clear and the rent for each month was required to be paid before the fifteenth of the respective month, and not before the fifteenth of the next month---Tenant was under mandatory statutory obligation to have deposited the rent for the month of February before its fifteenth---Rent Controller had rightly struck off the defence of tenant---Constitutional petition was dismissed. Mushtaq Ahmed Kiani v. Bilal Umair and others 2009 SCMR 1008; Mohammad Yousaf v. Mohammad Bashir sand others 1990 SCMR 557; Safeer Travels (Pvt.) Ltd. v. Mohammad Khalid Shafi PLD 2007 SC 504; Ghulam Muhammad Khan Lundkhor v. Safdar Ali PLD 1967 SC 530; Province of Punjab and others v. Muhammad Jalil-ur-Rehman 1986 SCMR 1705; Muhammad Amin v. Ghulam Nabi and 2 others PLD 1990 SC 1201; Khawaja Muhammad Mughees v. Mrs. Sughra Dadi 2001 SCMR 2020 and M.H. Mussadaq v. Muhammad Zafar Iqbal and another 2004 SCMR 1453 rel. (b) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Eviction petition---Initial steps to be taken by Rent Controller, enumerated. Section 17(8) of Islamabad Rent Restriction Ordinance, 2001 prescribed the initial steps to be taken by Rent Controller after a petition for eviction had been filed: i. On the first date of hearing, or as soon as may be, but before the issues are framed, it is mandatory for the Rent Controller to direct the tenant to…

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