2018 YLR 29 ISLAMABAD

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Ch. NASEER AHMED VS RENT CONTROLLER 1979 CLC 644, 1984 MLD 1198, 1985 CLC 98, 2003 YLR 1722, 2005 CLC 882, 2005 MLD 1287, 2005 SCMR 882, 2005 YLR 783, 2008 CLC 1666, 2008 CLC 547, 2008 MLD 1531, 2008 SCMR 568, 2009 SCMR 315, 2015 CLC 1383, 2015 CLC 663, 2016 CLC 1905, 2016 MLD 624, 2017 CLC 131, PLD 1965 SC 459, PLD 2002 SC 720, PLD 2007 Lahore 261, PLD 2012 Lahore 490, S.17---Arbitration Act (X of 1940), S.34---Ejectment of tenant---Arbitration clause in the lease agreement---Effect---Tenants filed application for stay of proceedings on the ground that tenancy agreement contained arbitration clause in it---Validity---Rent Controller alone had jurisdiction with regard to eviction of tenant from rented premises to which provisions of Islamabad Rent Restriction Ordinance, 2001 were applicable---Question of eviction could not be gone into in arbitration proceedings---Even if there was an arbitration clause in lease agreement, petition seeking eviction of tenant from rented premises was maintainable---Clause in lease agreement providing for a reference of disputes between landlord and tenant to be referred to arbitration, was not valid insofar as the question of eviction was concerned and to that extent agreement was not valid---Proceedings before Rent Controller were special proceedings, whereas arbitration proceedings were termed as general proceedings and in such circumstances, special proceedings would prevail over the general proceedings---Rent Controller had correctly exercised his jurisdiction by holding in effect that jurisdiction of Rent Controller was not ousted due to presence of arbitration clause in lease agreement between the parties---Landlord could not invoke jurisdiction of any other forum other than that of Rent Controller for filing an eviction petition against tenants---High Court upheld concurrent orders passed by Single Judge of High Court and Rent Controller---Intra-court appeal was dismissed in circumstances.