Citation Name: 2023 YLR 1743 PESHAWAR-HIGH-COURTBookmark this Case ISHAQ KHAN vs RABINA ASIF Ss — 2023 YLR 1743 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 1743 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 1743 PESHAWAR-HIGH-COURTBookmark this Case ISHAQ KHAN vs RABINA ASIF Ss
Subject matter: Criminal
Provisions referred to: S. 17; Cantonment Rent Restrictions Act

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

Citation Name: 2023 YLR 1743 PESHAWAR-HIGH-COURTBookmark this Case ISHAQ KHAN VS RABINA ASIF Ss. 17(8) & 17(9)---Eviction of tenant---Default in payment of rent and sub-letting---Order of the Rent Controller to deposit interim rent, non-compliance of---Scope and effect---Ten (10%) annual increase in monthly rent was incorporated in the rent agreement made between the parties---Rent Controller issued specific order, against the tenants, under S. 17(8) of the Cantonment Rent Restrictions Act, 1963, ('the Act 1963') directing not only to deposit arrears of rent spanning last 13 (thirteen) years but also to deposit an amount comprising 10% annual increase in monthly rent as per agreement---Tenants/appellants did not comply with the order regarding 10% annual increase amount---Rent Controller struck down the defence of tenants/appellants under S. 17(9) of the Act, 1963 and passed eviction order---Held, that Ss. 17(8) & 17(9) of the Act, 1963, in view of the word "shall" used therein, were mandatory in nature and tenants/appellants were required to comply with the specific order in letter and spirit for the reason that the said provisions carried a penalty of striking down of the defence of tenants---No proof was brought on record by the tenants/appellants that they, in addition to rent, had also deposited 10% annual increase amount---Due to non-compliance of specific order, they (tenants) had committed willful default and the Rent Controller was justified to strike down their defence and to order their eviction---No illegality or infirmity was found in the eviction orders passed by the Rent Controller---Appeals were dismissed, in circumstances.

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