Miss MEMOONA ZAINAB KAZMI vs ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Ss

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Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Ss.16a & 17---Mediation Council, procedure of---"Good will"---Scope---automatic increase of rent---Scope---Respondent/landlord filed eviction application alleging that lease agreement had expired; that petitioner/tenant had defaulted in payment of rent on due dates; that he handed over post-dated cheques against the rent which were dishonored due to insufficient balance---Eviction petition was allowed on ground of expiry of lease, whereas the petitioner's appeal was dismissed by appellate Court on ground of default in payment of tentative rent---Petitioner contended that the first appellate Court had not considered the rate of monthly rent though the complete rent had already been deposited; that every case had to be referred to the Mediation Council for settlement of the dispute amongst the landlord and tenant and that eviction order was passed without adverting to the said procedure which was illegal/liable to be set aside---Held, that the lease period was already expired which fact had not been denied by the petitioner before High Court---Term "goodwill" was quite alien in case of lease agreement of a residential building where tenant was neither businessman nor the building was commercial specified for running some business---Section 10 of the Ordinance, 2001, provided an automatic increase at the end of every one year of tenancy by 10% of the rent---Petitioner was obliged to deposit the rent with enhanced rate notwithstanding passing of any order by the Rent Controller or on the claim of the landlord---Petitioner was deemed to be a defaulter due to the fact that he failed to pay the amount of rent automatically enhanced after the lapse of one year of tenancy agreement within stipulated period---Record showed that an FIR under S.489-F, Penal Code, 1860 had been lodged against the petitioner by the landlord for dishonestly issuing cheque on account of the rent, in which case the compromise took place between the parties and the petitioner had paid a sum---Said aspect would clearly demonstrate that the petitioner tenant was in default on different occasions and such aspect had not been denied by the petitioner---Recording of evidence was not requirement of law when admitted facts in the inquiry clarified the grounds of eviction under S.17 of the Ordinance, 2001---Constitutional petition was dismissed accordingly. Citation Name: 2023 CLC 207 ISLAMABADBookmark this Case Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.17---Tenancy agreement, expiry of---Scope---Once the lease period was expired, there was no hindrance to proceed further by the Rent Controller in the eviction proceedings, except by passing the eviction order forthwith, unless the tenant prima facie produces any documentary evidence qua extension of lease period given by the landlord. Citation Name: 2023 CLC 207 ISLAMABADBookmark this Case Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Preamble---Constitution of Pakistan, Art. 38(A)---Alternate dispute resolution, mandatory nature of---Scope---Newly inserted provision of S.16A of the Islamabad Rent Restriction Ordinance, 2001, provides an alternative concept of mediation---Legislative intent had been expressed by using the word "shall", which conveyed a mandatory meaning in a specific direction to the Rent Controller to refer every case to the Mediation Council by all means in terms of S.16A---Statement of Objects/Reasons disclosed the emphasis upon Art.38(A) of the Constitution, which dealt with the principle of the State Policy , as to ensure equitable adjustment of rights between landlord and tenant. Citation Name: 2023 CLC 207 ISLAMABADBookmark this Case Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.16a---Eviction---Tenant taking defense of goodwill---Terms "goodwill" and "pagri"---Definition and legal value of----Concept of goodwill had not been explained in the Islamabad Rent Restriction Ordinance, 2001 or the Islamabad Rent Restriction (amendment) act, 2021---Goodwill of a business was something such as its good reputation, which would increase the value of the business---Such was a business reputation/patronage/other intangible assets, which were considered when appraising the business, especially for purchase; the ability to earn income in excess of the income that would be expected from the business view as a mere collection of assets---Term "good will" had been equalized by the superior Courts with the term "Pagri" which was not recognized by law---Payment of Pagri not forming terms/conditions of tenancy and being contrary to public policy and any supra contractual arrangement, which negated tenancy could not affect maintainability of eviction proceedings---Landlord was not debarred from seeking eviction of the tenant despite receiving the goodwill or Pagri. Citation Name: 2023 CLC 207 ISLAMABADBookmark this Case Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Ss.5, 10, 16, 16a & 17---Tenancy agreement---Directions to the Rent Controllers and Mediation Council for adjudication upon rent disputes amongst the landlord and tenant.

Miss MEMOONA ZAINAB KAZMI vs ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD Ss — 2023 CLC 207 ISLAMABAD

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