2018 MLD 1595 ISLAMABAD

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PANTHER DEVELOPERS through Ghulam Jillani VS ADDITIONAL DISTRICT JUDGE (ADJ), WEST, ISLAMABAD S. 17(9)---eviction petition---Willful default in payment of monthly rent--- Restoration of eviction petition dismissed for non-prosecution--- Tentative order---Retrospective effect---Scope---Non-compliance of earlier order of Rent Controller to deposit monthly rent in Court---Striking off defence of tenant---Scope--- Petitioners/tenant/company contended that they could not be penalized for non-deposit of the tentative rent by the 15th of July (that year) as the eviction petition of landlord stood dismissed for non-prosecution earlier in the same month and that they deposited rent on 28th July when they came to know about filing of application for the restoration of eviction petition---Landlord contended that two Courts below had rightly passed eviction order as although after three months his eviction petition was restored but the restoration had revived the tentative order to deposit the rent by the 15th of each month---Validity---Defense of tenant could not be struck off due to his failure to deposit the tentative rent during the period when the eviction petition was dismissed for non-prosecution---When eviction petition was dismissed for non-prosecution and the application for its restoration was filed , the Court could pass interim order pending such application---Rent Controller, could pass tentative rent order while entertaining the application for restoration of eviction petition, which would be binding on the tenant only if he was duly served---Where the Rent Controller did not pass tentative rent order while entertaining application for restoration of eviction petition, the tenant could not be penalized under S.17(9) of Islamabad Rent Restriction Ordinance, 2001 for non-depositing rent during the period when the eviction petition stood dismissed for non-prosecution---High Court set aside impugned orders passed by the two Courts below and remanded the matter to the Rent Controller to decide the same afresh---Constitutional petition was allowed accordingly.