Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8),17(9),13(6)

Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8),17(9),13(6)

Islamabad Rent Restriction Ordinance (IV of 2001)-------S. 17(8) & (9)---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of tenant---Defence, striking off---Concurrent findings of fact by the Courts below---Tenant having failed to comply with tentative rent order passed by Rent Controller, his defence was struck off and eviction order was passed---Validity---Rent Controller was fully competent to pass ejectment order and strike off defence of tenant in case of non-compliance of order passed under S.17(8) of Islamabad Rent Restriction Ordinance, 2001---Nothing was on record in support of version of tenant that he was not defaulter and he had been continuously paying rent---Both the courts below had given concurrent findings regarding non-compliance of order by tenant, which could not be disturbed while exercising powers in constitutional jurisdiction; when no illegality or irregularity had been pointed out---Nothing was on record to suggest that misreading and non-reading of evidence had been made by courts below---Tenant failed to satisfy that he had complied with the order of Rent Controller---Tenant having not complied with the order for deposit of rent due the, Rent Controller was fully competent to pass order under S.17(9) of Islamabad Rent Restriction Ordinance, 2001, which was rightly maintained by Appellate Court---Orders passed by both the courts below were legal, having no illegality, irregularity or infirmity, and as such did not call for any interference---Constitutional petition was dismissed in circumstances. Muhammad Yousaf v. Muhammad Bashir 1990 SCMR 557 ref. Aneela Attique for Petitioner. Syed Zaffar Ullah Slari for Respondent No.1. Date of hearing: 17th September, 2008. JUDGMENT RAJA SAEED AKRAM KHAN, J.---This writ petition has been filed against the judgment, dated 14-5-2008, passed by learned Additional District Judge, Islamabad, whereby he upheld the order passed by learned Rent Controller, Islamabad, dated 24-10-2007. 2. Brief facts leading to this constitutional petition, are that the respondent No.1/landlord filed an ejectment petition, in respect of Shops Nos.6 and 23(GF), 37 Zakria Plaza G-9 Markaz…

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