2017 MLD 53 ISLAMABAD

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MUHAMMAD AKBAR CHOHAN VS RENT CONTROLLER, ISLAMABAD 2000 SCMR 556, 2006 CLC 1579, 2016 YLR 285, PLD 2006 SC 24, PLD 2007 SC 277, PLD 2007 SC 369, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--24 , Islamabad Rent Restriction Ordinance 2001--25 , Islamabad Rent Restriction Ordinance 2001--26 , Islamabad Rent Restriction Ordinance 2001--28 , Islamabad Rent Restriction Ordinance 2001--4 , Ss. 17, 4, 24, 25, 26 & 28---eviction of tenant---Proceedings before Rent Controller---Limit---Non-completion of eviction proceedings within stipulated period---Effect---Rent Controller was bound to complete eviction proceedings expeditiously as possible but not later than four months of the date of first hearing after service of summons on tenant---Rent Controller had to satisfy himself as to whether the reasons put forward by the landlord were justified---Rent Controller had to frame issues and record evidence when parties had denied the facts---No procedure for holding inquiry had been provided in Islamabad Rent Restriction Ordinance, 2001---Rent Controller had framed issues and record evidence of the parties before pronouncement of order---When default and subletting was on record then framing of issues and recording of evidence was not required---Procedure for service of summons should be applied keeping in view the statutory period of four months---Procedure in terms of O. V of C.P.C. was against the mandate of S. 25(3) of Islamabad Rent Restriction Ordinance, 2001---If penalty provision was applied in appropriate cases where parties were causing intentional delay then matter could be resolved within the statutory period---Legislative intent had to be followed in its essence and any deviation from the said concept would lead into negation and denial of rights under the law---Courts were guardian to protect the intention of legislature as they were bound to follow the same---eviction petitions had not been finally disposed of within timeline prescribed under S.25(3) of Islamabad Rent Restriction Ordinance, 2001---High Court disposed of constitutional petition and gave guidelines for Rent Controllers to be kept in mind while dealing with ejectment petition.