2017 YLR 681 ISLAMABAD

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ROGER LEE VS Ch. MUHAMMAD SALMAN 2009 CLC 52, 2009 SCMR 1008, 2015 YLR 2405, 2015 YLR 2543, 2016 MLD 1121, 2016 YLR 1538, Ss. 17, 19 & 25---eviction of tenant---Tentative rent order---Striking off defence---Scope---Tenant was directed to deposit arrears of rent in the Court who failed to deposit the same and eviction petition was allowed---Contention of tenant was that rent had been paid to the previous landlord as he was not aware of change of ownership of rented premises---Validity---Rent for the month of January 2016 had been deposited in the Court in the name of landlord---Tenant should not have been non-suited in circumstances---Change in the ownership of rented premises was a dispute which was to be resolved after recording of evidence---Rent Controller could not take penal measure of striking off his defence and accept landlord's eviction petition simply because tenant did not deposit rent of the period which was disputed between the parties---Landlord could not claim rent for the period when he had not even become the owner of rented premises---Impugned orders passed by the courts below were set aside---eviction petition was directed to be decided by the Rent Controller within the period stipulated in S. 25(3) of Islamabad Rent Restriction Ordinance, 2001---Constitutional petition was allowed in circumstances.