Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17

Law: Arbitration Act, 1940

Section: 34

Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S.17---Arbitration Act (X of 1940), S.34---Ejectment of tenant---Arbitration clause in the lease agreement---Effect---Tenants filed application for stay of proceedings on the ground that tenancy agreement contained arbitration clause in it---Validity---Rent Controller alone had jurisdiction with regard to eviction of tenant from rented premises to which provisions of Islamabad Rent Restriction Ordinance, 2001 were applicable---Question of eviction could not be gone into in arbitration proceedings---Even if there was an arbitration clause in lease agreement, petition seeking eviction of tenant from rented premises was maintainable---Clause in lease agreement providing for a reference of disputes between landlord and tenant to be referred to arbitration, was not valid insofar as the question of eviction was concerned and to that extent agreement was not valid---Proceedings before Rent Controller were special proceedings, whereas arbitration proceedings were termed as general proceedings and in such circumstances, special proceedings would prevail over the general proceedings---Rent Controller had correctly exercised his jurisdiction by holding in effect that jurisdiction of Rent Controller was not ousted due to presence of arbitration clause in lease agreement between the parties---Landlord could not invoke jurisdiction of any other forum other than that of Rent Controller for filing an eviction petition against tenants---High Court upheld concurrent orders passed by Single Judge of High Court and Rent Controller---Intra-court appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:--.--- 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 the said writ petition, the appellants had impugned the order dated 23.01.2017, passed by the Court of the Rent Controller, Islamabad, whereby the appellants' application under Section 34 of the…

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