| Citation(s) |
|---|
| 2017 SLG 917 2017 SLD 917 2017 PLJ 59 |
Islamabad High Court
W.P. No. 116 of 2016, decided on 29.2.2016. Date of hearing: 22.02.2016
MIANGUL HASSAN AURANGZEB, JUSTICE
Raja Aleem Khan Abbasi, learned ASC for Petitioner. Ch. Abdul Rehman Bajwa, Advocate for
Respondent No. 1.
W.P. No. 116 of 2016, decided on 29.2.2016. Date of hearing: 22.02.2016
MIANGUL HASSAN AURANGZEB, JUSTICE
Raja Aleem Khan Abbasi, learned ASC for Petitioner. Ch. Abdul Rehman Bajwa, Advocate for
Respondent No. 1.
MUHAMMAD SHAHID FAHIM
VS
ABDULLAH TAYYAB and 2 others- --RespondentS
Law:
Section:
Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(9)--Ejectment petition--Direction to vacate possession of rented premises--Lease agreement expired--Demised premises were required personal bona fide use--Defence was struck off--Appended receipt was fabricated--Question of-Whether receipt regarding payment of rent was on record of Courts below--Receipt was not part of record--Adverse order was passed--Obligation to deposit monthly rent--Validity--It is by now well settled that where a tenant fails to comply with direction to deposit rent under Section 17(8) of IRRO, Rent Controller is left with no option but to strike off defence of tenant and direct to vacate rented premises--Penal provisions contained in Section 17(9) of IRRO, were correctly invoked by Rent Controller--Petition was dismissed. [P. 65] A & B 2015 YLR 2405, 2009 CLC 52, 2003 CLC 1819 & 2007 CLC 601, ref. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE Through the instant writ petition, the petitioner, Muhammad Shahid Fahim, has impugned the Order dated 07.01.2016, passed by the Court of Additional District Judge (West) Islamabad, whereby the petitioner's appeal against the order dated 10.10.2015, passed by the Court of the learned Rent Controller, was dismissed. Vide the said Order dated 10.10.2015, the learned Rent Controller allowed the eviction petition filed by Respondent No. 1, by striking off the petitioner's defence under Section 17(9) of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO"), and the petitioner was directed to forthwith handover vacant possession of the rented premises to Respondent No. 1. 2. The case of Respondent No. 1/landlord is that he is the absolute owner of Shop No. 3, Madina Market, F-8/2, Islamabad; that these premises were leased to the petitioner for a period of five years commencing from 20.04.2010 to 19.04.2015; that the rent for these premises was fixed at Rs. 8, 000/- per month for the said lease period; that the lease agreement expired on 19.04.2015, whereafter Respondent No. 1 required the said premises for his personal bona fide use; that on 07.04.2015, a legal notice was served on the petitioner on behalf of…
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