Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17

Islamabad Rent Restriction Ordinance (IV of 2001) S.17---Eviction of tenant--- Landlord and tenant, relationship of--- Determination--- Rent Controller---Exercise of jurisdiction--- Petitioners / tenants were aggrieved of order passed by Lower Appellate Court setting aside order of Rent Controller whereby he framed an issue to redetermine relationship of landlord and tenant between the parties--- Validity--- Rent Controller had already concluded that relationship of landlord and tenant stood admitted between the parties--- Any subsequent attempt to re-open or re-determine such settled question was beyond jurisdictional competence of Rent Controller--- Such exercise in effect amounted to a review of earlier order of Rent Controller, which law did not permit in rent proceedings--- Lower Appellate Court rightly corrected procedural irregularity by remitting the matter with the direction to Rent Controller to proceed strictly in accordance with law--- Appellate order reflected judicious appreciation of record and adherence to settled legal principles--- High Court declined to interfere in the order passed by Lower Appellate Court as there was no error of jurisdiction, illegality or material irregularity--- Constitutional petition was dismissed in circumstances.              Date of hearing: 3rd October, 2025.                                                                                                   Order        Muhammad Azam Khan, J.---The petitioners have invoked the constitutional jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, being aggrieved of the judgment dated 04.07.2025 passed by the learned Additional District Judge (West), Islamabad, whereby the appeal under section 21 of the Islamabad Rent Restriction Ordinance, 2001 filed by the Respondent No. 1 challenging…