Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(8)(9)

Islamabad Rent Restriction Ordinance (IV of 2001)---S. 17(8)(9)---Ejectment application---Tenant was directed under S.17(8) of Islamabad Rent Restriction Ordinance, 2001 to deposit rent on or before specified date which he failed to do---Effect---Provision of S.17(9), Islamabad Rent Restriction Ordinance, 2001, was mandatory; consequences of non-deposit or non-compliance of the order of Rent Controller having been given in S.17(9) of the Ordinance, no discretion was left with the Rent Controller except to order ejectment of the tenant without further proceedings---Principles. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.---Mushtaq Ahmad Kiani, seeks leave to appeal from the judgment dated 6-11-2008 of a learned Judge in Chambers of Islamabad High Court, whereby, the petitioner stood ejected from the premises for violating order under section 17(8) of Islamabad Rent Restriction Ordinance, 2001 passed by the learned Rent Controller. 2. During ejectment petition filed by Bilal Omair and another, the petitioner filed written reply. As the required relationship was not denied, the Rent Controller, vide order dated 1-11-2007, under section 17(8) of Islamabad Rent Restriction Ordinance, 2001, directed the tenant either to produce receipts of payment of rent from January, 2006 to October, 2007 or to deposit such arrears of rent at the rate of Rs.28,750 per month on or before 14-12-2007. Learned counsel for the tenant sought the extension of time for production of receipts for the payment of disputed rent. The learned Rent Controller extended the time to 6-2-2008. On the said date, once again the extension was sought but the Rent Controller directed the straightway ejectment of the tenant under section 17(9) of the Ordinance. Tenant went in appeal before the learned Additional District Judge Islamabad which was also dismissed on 12-9-2008. This order was further challenged through writ petition which met the same fate and hence this petition. 3. For facility of reference, subsections (8) and (9) of the Islamabad Rent Restriction Ordinance, 2001 are reproduced below:--- "(8). In proceedings under this section on the first date of hearing, or as soon thereafter as may be but…

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