2018 YLR 703 ISLAMABAD

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Malik MUHAMMAD RAMZAN SABIR VS Mst. SHAHINA AKHTAR 2000 SCMR 207, 2012 SCMR 91, PLD 2008 Lah. 250, PLD 2008 Lahore 250, PLD 2010 SC 19, Ss. 10 & 17---eviction petition---Default in monthly rent---Statutory increase in monthly rent---Scope---Expiry of the tenancy agreement---Scope---Non-mentioning of annual increase in rent in the tenancy agreement---Effect---Petitioner/tenant contended that Rent Controller had rightly dismissed eviction petition of the landlady as he had paid monthly rent regularly----Respondent/ landlady contended that Appellate Court had rightly allowed eviction of the tenant as tenant had failed to pay rent as per statutory provision of increase in rent annually---Validity---Record revealed that there was no provision in the lease agreement for such increase in the rent---Said lease agreement expired in June 2008 but tenant continued to occupy the rented premises and then after three months of date of expiry started sending monthly rent through cheques through the attorney of the landlady---Nothing was on record to show that the tenant had paid the rent of the said intervening period of three months---Tenant, since expiry of the tenancy period, was under obligation to increase the rent by 25% after every three years---Admittedly, tenant did not pay the rent along with the statutory increase of 25% in terms of S. 10 of the Islamabad Rent Restrictions Ordinance, 2001---Land lady, at no material stage, gave her consent to the tenant not to pay the rent with a statutory increase---Appellate Court had aptly relied on the tenant's testimony that he was not even aware that he was supposed to pay rent with a statutory increase of 25% after every three years---Appellate Court was also correct in holding the arrears of the rent becoming due as a result of the increase of rent under S. 10 of the Islamabad Rent Restriction Ordinance, 2001 was deemed to be rent due under S. 17(2)(i) of the Islamabad Rent Restrictions Ordinance, 2001---Appellate Court had rightly allowed eviction on the ground that the tenant had not paid rent with statutory increase----No illegality or infirmity having been noticed, constitutional petition was dismissed accordingly.