Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17(8),17(9)

JUDGMENT SHEET.

  MIANGUL HASSAN AURANGZEB, J:- Through the instant writ petition, the petitioner, Aftab Ahmed Cheema, impugns the judgment dated 07.04.2016, passed by the Court of learned Additional District Judge (West), Islamabad, whereby the petitioner's appeal against the Order dated 07.03.2016, passed by the Court of learned Rent Controller Islamabad (West) was dismissed. Vide the said order dated 07.03.2016, the learned Rent Controller, had allowed respondent No.1's eviction petition by striking off the petitioner's defence under Section 17(9) of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO") and directed the petitioner to vacate Shop No.7-B, Ground Floor, Plot No.1-H, Noon Plaza, F-10 Markaz Islamabad ("the rented premises") within a period of fifteen days.

2. The facts essential for the disposal of this petition are that on 08.09.2014, a lease agreement was executed between the petitioner and respondent No.1, whereby the petitioner leased the rented premises for a period of one year commencing from 01.10.2014. The monthly rent was agreed to be Rs.55,000/-. This monthly rent would be increased by 10 % annually. Even though, the lease period provided in the said lease agreement had expired, the petitioner continued to occupy the rented premises.  3. On 31.07.2015, respondent No.1 instituted an eviction petition under Section 17 of the IRRO against the petitioner before the Court of learned Rent Controller Islamabad. The grounds taken in the eviction petition were as follows:-