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SAMBA BANK LIMITED vs HOTEL HILL VIEW (PVT — 2022 CLC 845 ISLAMABAD

Case information

Citation
2022 CLC 845 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
CLC
Parties
SAMBA BANK LIMITED vs HOTEL HILL VIEW (PVT
Subject matter
Criminal
Provisions referred to
S. 4---S; Islamabad Rent Restriction Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAMBA BANK LIMITED VS HOTEL HILL VIEW (PVT.) LIMITED S.4---Suit for recovery of outstanding rent---Civil Court---Jurisdiction---Balance probabilities, principle of---Applicability---Appellant / defendant was aggrieved of judgment and decree passed by Trial Court in favour of respondent / plaintiff for recovery of outstanding rent---Validity---If appellant / defendant was in possession of rented premises and was a defaulter in payment of rent to respondent / plaintiff, proper course available to respondent / plaintiff was to invoke jurisdiction of Rent Controller under the provisions of Islamabad Rent Restriction Ordinance, 2001, instead of invoking jurisdiction of Civil Court---High Court set aside judgment and decree passed by Trial Court on the principle of balance of probabilities, as the same suffered from material irregularities and factual infirmities---Appeal was allowed, in circumstances.

Other judgments reported in 2022 CLC

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