2019 CLC 985 ISLAMABAD

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SAEED MUSHTAQ ABBASI VS ABDUL RAUF SABIR S. 17---eviction petition---Defence, striking off---Failure to deposit rent---Expression "the monthly rent which subsequently becomes due", occurring in S. 17(8) of the Islamabad Rent Restriction Ordinance, 2001---Connotation---Tenant assailed the order of striking of defence for the delay in depositing the rent for the month of February---Plea of tenant was that the required rent was to be paid before fifteenth of March---Tenant placed reliance on the phrase "the monthly rent which subsequently becomes due" used in S. 17(8) of Islamabad Rent Restriction Ordinance, 2001---Validity---Phrase "the monthly rent which subsequently becomes due" had no nexus with the month, which followed the specified date for payment of arrears---Legislative intent was absolutely clear and the rent for each month was required to be paid before the fifteenth of the respective month, and not before the fifteenth of the next month---Tenant was under mandatory statutory obligation to have deposited the rent for the month of February before its fifteenth---Rent Controller had rightly struck off the defence of tenant---Constitutional petition was dismissed.