Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8)(9)

Islamabad Rent Restriction Ordinance (IV of 2001)--- ----Ss. 17(8) & 17(9)---Ejectment of tenant---Arrears of rent, non-payment of---Effect---Rent Controller passed order for deposit of arrears of rent but same were not deposited and eviction petition was accepted---Validity---Tenant had not deposited arrears of rent and Rent Controller was left with no discretion but to pass an order under S. 17(9) of Islamabad Rent Restriction Ordinance, 2001---Order passed by the Rent Controller for deposit of arrears of rent was in accordance with law---Tenant could not continue to occupy the demised premises---Tenant had failed to comply with the order of Rent Controller passed under S. 17(8) of Islamabad Rent Restriction Ordinance, 2001---Constitu-tional petition was dismissed in limine. Mushtaq Ahmad Kiani v. Bilal Umair 2009 SCMR 1008; M.H. Mussadaq v. Muhammad Zafar Iqbal and another 2004 SCMR 1453; Bilal Abid v. District Judge (West) Islamabad 2015 YLR 2405; Shamshad Ali v. Ghulam Muhammad Chaudhry 2009 CLC 52 and Major (R) Shakil-ud-Din Ahmad v. Addl. District Judge, Islamabad 2007 CLC 601 rel. THIS ORDER PASSED BY: MIANGUL HASSAN AURANGZEB, J.--- Through the instant writ petition, the petitioner, Hadayat Ullah Barki, impugns the judgment dated 12.02.2016, passed by the Court of Additional District Judge (West), Islamabad, whereby the petitioner's appeal against the order dated 04.01.2016, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said order dated 04.01.2016, the learned Rent Controller, had allowed the respondent No.3's eviction petition by striking off the petitioner's defence under Section 17(9) of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO") and directed him to vacate the rented premises within a period of fifteen days. 2. The facts essential for the disposal of this petition are that on 01.08.2012, a lease agreement was executed between the petitioner and respondent No.3 under which Shop No.19, Ground Floor, Blair Plaza, Plot No.20-B Sector G-8 Markaz, Islamabad, at a monthly rent of Rs.7500/- with a 10% increase every year. Respondent No.3 vide legal notices dated 18.03.2015 and 18.04.2015 called upon…

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