Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8),21(2)

Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8),21(2)

(a) Islamabad Rent Restriction Ordinance (IV of 2001)-------S. 17(8)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Determination---Rent Controller, after going through pleadings of parties, passed tentative rent order for deposit of arrears of rent and future rent---Plea raised by tenant was that as he had denied relationship of landlord and tenant between the parties, therefore, Rent Controller should have framed preliminary issue and provided opportunity to adduce evidence---Validity---If any party had denied relationship of landlord and tenant, Rent Controller had to resolve the controversy before passing any tentative order for deposit of rent---Tenant had admitted in written reply, that he had entered premises as tenant and there was no agreement between the parties that tenancy had ceased and obligation of tenant to pay rent to landlord had been put to an end by way of any agreement or any other documentary evidence---Landlord, on the contrary had placed on record return of income tax and survey of business in which tenant himself had admitted to be in possession as tenant of the landlord---Tenant failed to produce any prima facie evidence in support of his assertions that he was not tenant of the landlord---High Court declined to interfere with the order passed by Rent Controller as the same was legal and justified---Constitutional Petition was dismissed in circumstances. (b) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----Ss. 17(8) & 21(2)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Maintainability---Interlocutory order---Order passed by Rent Controller for deposit of tentative rent was assailed by tenant before High Court in appeal---Validity---Any appeal against interlocutory orders of Rent Controller which had not disposed of the entire case before it, was specifically barred under S.21(2) of Islamabad Rent Restriction Ordinance, 2001---Intention of legislature could be 'gathered from the provisions of S.21(2) of Islamabad Rent Restriction Ordinance, 2001, that same was to avoid delay in disposal of cases by Rent Controller, a…

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