ALAMDAR TAHAWAR AND NASIR (PRIVATE) LIMITED vs RENT CONTROLLER, ISLAMABAD (WEST) S

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ALAMDAR TAHAWAR AND NASIR (PRIVATE) LIMITED VS RENT CONTROLLER, ISLAMABAD (WEST) S. 17 (6), (8) & (9)---Qanun-e-Shahadat (10 of 1984), Art. 115---Constitution of Pakistan, Art. 199---Constitutional petition--- Future rent, non-deposit of---Relationship of landlord and tenant---Defect in title of landlord---Effect--- Petitioner / landlord was aggrieved of non-deposit of rent by respondent/tenant on his denial of relationship of landlord and tenant---Validity---Respondent could not deny that his entry into rented premises was only on the basis of rent agreement---Once a tenant was always a tenant---Such doctrine was based on the principle that once one had entered into premises as a tenant, he could not be heard to deny lessor's title---Allotment of plot in question was cancelled but respondent did not lose his status as a tenant---Such cancellation did not ipso facto bring to an end the tenancy created by rent agreement nor it created a tenancy with Capital Development Authority---No rent agreement between respondent and Capital Development Authority---No agreement as respondent was using rented premises for a commercial purpose which was not the purpose for which plot in question, in which rented premises were situated, was allotted by Capital Development Authority---Respondent was estopped by Art. 115 of Qanun-e-Shahadat, 1984 from disputing title of petitioner so long as he was in possession of rented premises---Denial of respondent of a relationship of landlord and tenant with petitioner based on his objection to title of petitioner could not have been looked into by Rent Controller---Rent Controller committed jurisdictional irregularity by holding that order for deposit of tentative rent could not be passed where there was denial of relationship of landlord and tenant---High Court directed Rent Controller to give decision on consequences of respondent's failure to show compliance with direction given to him for deposit of future rent---Constitutional petition was disposed of accordingly.

ALAMDAR TAHAWAR AND NASIR (PRIVATE) LIMITED vs RENT CONTROLLER, ISLAMABAD (WEST) S — 2022 YLR 2424 ISLAMABAD

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