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Fazal Raheem vs Rent Controller (East), Islamabad Ss — 2025 YLR 2784 ISLAMABAD

Case information

Citation
2025 YLR 2784 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
YLR
Parties
Fazal Raheem vs Rent Controller (East), Islamabad Ss
Subject matter
Civil
Provisions referred to
S. 17

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

Fazal Raheem VS Rent Controller (East), Islamabad Ss.17(8) & 17(9)---Tenant to deposit arrears of rent and regular monthly rent---Requirement---Duty of tenant---Purpose and scope---Failure to deposit amount of rent by tenant---Effect and consequences stated---Section 17(8) of the Ordinance 2001 expressly empowers the rent controller at the outset of rent proceedings to direct the tenant to deposit all rent due and to continue depositing monthly rent regularly during the pendency of the matter---The purpose of this provision is to ensure the deposition of rent amount to the landlord before the specified date and time during prolonged litigation and to discourage frivolous or dilatory tactics by tenants---Moreover, S.17(9) of the Ordinance provides that if the tenant fails to comply with such direction, his defence may be struck off and the landlord may be placed in possession of the property without further proceedings---These provisions reflect the legislative intent to maintain the balance of rights and obligations between landlords and tenants, and to avoid unnecessary prejudice to either party during litigation.

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