Law:

Section:

Through the instant writ petition, the petitioner, Mrs. Neelam Mawaaz, impugns the judgment and decree dated 15.07.2017, passed by the Court of the learned Additional District Judge, Islamabad, whereby, the petitioner’s appeal against the order and decree dated 19.06.2017, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said order and decree dated 19.06.2017, the learned Rent Controller, Islamabad, struck off the petitioner’s defence and allowed  respondent No.3’s eviction petition by invoking the provisions of Section 17 (9) of the Islamabad Rent Restriction Ordinance, 2001 (“I.R.R.O.”). 

2.            The facts necessary for disposal of this petition are that on 29.03.2017, respondent No.3 (Mrs. Anjuman Zaka) instituted an eviction petition under Section 17 of the I.R.R.O. seeking the petitioner’s eviction from Unit No.4, Block No.12D, Faisal Plaza, Jinnah Super Market, Markaz F-7, Islamabad (“the rented premises”). In the said eviction petition, it was pleaded that in an earlier eviction petition instituted by respondent No.3, a compromise was arrived at on 30.05.2013, before the Court of the learned Rent Controller; and that under the terms of the said compromise, the petitioner had undertaken to vacate the rented premises by 14.03.2017. The grounds taken by respondent No.3 in the eviction petition were (i) sublet of the rented premises by the petitioner to Mr. Tara Chand, (ii) violation of the compromise agreement between the petitioner, and respondent No.3, (iii) unauthorized construction on the rented premises. The petitioner contested the said eviction petition by filing a written reply. In the said reply, the position taken by the petitioner was that Mr. Tara Chand was the petitioner’s partner and was looking after the petitioner’s business in her absence. It was also pleaded that the monthly rent for the rented premises was Rs.402,627/-, and that the petitioner had not committed any default in the payment of rent since the past thirty two years.