Law:

Section:

Through the instant writ petition, the petitioner, Muhammad Jamil, impugns the judgment and decree dated 05.06.2017, passed by the Court of the learned Additional District Judge, Islamabad, whereby the petitioner’s appeal against the order and decree dated 19.04.2017, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said order and decree dated 19.04.2017, the learned Rent Controller allowed respondent No.3’s eviction petition by striking off the petitioner’s right of defence under Section 17(9) of the Islamabad Rent Restrictions Ordinance, 2001 (“IRRO”). 

2.            The facts essential for the disposal of this petition are that on 07.01.2017, respondent No.3/landlord filed a petition under Section 17 of the IRRO seeking the petitioner’s eviction from House No.34, Main Double Road, Sector F-7/3, Islamabad (“the rented premises”). The grounds taken in the said eviction petition were; (i) default in the payment of rent for a period of eight months, and (ii) personal bonafide need of respondent No.3. The petitioner contested the said eviction petition by filing a written reply. The position taken by the petitioner was that the lease agreement between the petitioner and respondent No.3 was valid until 28.02.2025. Furthermore, it was pleaded that respondent No.3 had spent Rs.10 Million on the renovation of the rented premises, and Rs.2,428,400/- on account of purchase of the furniture. Allegations of forgery was also made by the petitioner against respondent No.3.