2019 YLR 902 ISLAMABAD

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ASAD AMIN VS NOOR HUSSAIN Ss. 15 & 17---eviction petition---Default in payment of rent---Failure of landlord to make necessary repairs---Unilateral deduction of rent in lieu of repairs carried out by tenant---Effect---Landlord filed eviction petition on the ground of default in payment of rent and expiry of lease agreement---Rent Controller directed the tenant to deposit outstanding rent---Tenant deposited partial amount of outstanding rent and adjusted the rest towards the amount he expended on the maintenance of rented premises---Rent Controller and Appellate Court concurrently ordered tenant's eviction---Validity---Tenant had not pleaded the factum of any amount expended on the maintenance of demised premises and had taken the ground for the first time in his memo. of appeal---Any amount which the tenant might have spent unilaterally on the maintenance of demised premises or carrying out any repairs without the express permission of landlord could not be adjusted against the rent---In case demised premises was in need of repair or maintenance and the landlord refused to carry out the same, S. 15, Islamabad Rent Restriction Ordinance, 2001 provided a mechanism for repairs to be carried out by a tenant and the amount expended to be deducted from the rent payable to the landlord---Tenant, before carrying out the repairs or maintenance, had neither requested the landlord nor filed application before Rent Controller for permission to carry out repairs and deduct the costs from the rent payable---Constitutional petition was dismissed, accordingly.