Law: Civil Procedure Code (V of 1908)

Section: Order VII, Rule 11, Order 1 Rule 10

Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17

JUDGMENT SHEET

    MIANGUL HASSAN AURANGZEB, J:-  Through the instant Writ Petition, the petitioner, Mrs. Khalida Adeeb Khanam, impugns the Order dated 19.12.2015, whereby the Court of learned Rent Controller, (West), Islamabad dismissed the petitioner’s application under Order VII, Rule 11 of the Code of Civil Procedure, 1908 (“C.P.C”), for the rejection of respondent No.2’s eviction petition.

2.       The facts essential for the disposal of the instant petition are that, on 25.02.2012, respondent No.2 (Bibi Sughra) filed an eviction petition under Section 17 of the Islamabad Rent Restriction Ordinance, 2001 (“IRRO”), against respondent No.3 (Pak. Telecom Mobile Ltd.) seeking the latter’s eviction from the space measuring 800 Sq. ft. on the roof top of Samma Plaza, Plot No.68-W, Jinnah Avenue, Blue Area, Sector F-7/G-7, Islamabad (“the rented premises”).  Initially, the petitioner was not a party to the said eviction petition. The petitioner, on 08.05.2013 filed an application under Order 1 Rule 10 C.P.C. for impleadment as a respondent in the said eviction petition. The petitioner took the position that on the basis of registered sale deeds dated 18.06.2008 and 14.01.2009 regarding 4/6th share and 1/6th share respectively in Samma Plaza, the petitioner and her daughter have become owners of the rented premises. Vide order dated 22.08.2013, the petitioner’s said application was allowed with the consent of respondent No.2. Thereafter, on 28.08.2013, respondent No.2 filed an amended eviction petition. The petitioner and respondent No.3 contested the said eviction petition by filing their separate replies. The learned Rent Controller on 03.10.2014, framed the issues.