2016 YLR 405 ISLAMABAD

Full text

KHUSHNOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1992 SCMR 46, 1994 SCMR 1012, 1998 SCMR 2525, 2000 SCMR 1305, 2001 SCMR 1001, 2007 PLC 64, 2008 CLC 1666, 2009 CLC 289, 2010 SCMR 1925, 2011 CLC 652, 2011 CLC 846, 2011 SCMR 320, 2013 MLD 118, PLD 1965 SC 90, PLD 1971 SC 124, PLD 1974 SC 134, PLD 1986 Kar. 309, PLD 2003 Quetta 11, PLD 2013 SC 775, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--28 , Islamabad Rent Restriction Ordinance 2001--5 , Ss. 5, 17 & 28---Ejectment of tenant---Lease agreement---Non-compliance of provision of Islamabad Rent Restriction Ordinance, 2001---Effect---Contentions of tenant were that lease agreement was required to be in writing, that there was no written agreement therefore Rent Controller did not have jurisdiction to decide the controversy---eviction petition was accepted concurrently---Validity---Every lease agreement had to be in writing---Rent Controller had to invoke penalty where any provision of Islamabad Rent Restriction Ordinance, 2001 had been violated---Section 5 of Islamabad Rent Restriction Ordinance, 2001 was mandatory in nature---Scope and purpose of S. 28 of Islamabad Rent Restriction Ordinance, 2001 was to curtail frivolous denial vis-à-vis relationship of landlord and tenant---Section 28 be invoked at the earliest while proceedings were pending before the Rent Controller---Landlord had not complied with S.28 of the Ordinance---Mere tendering a document in evidence did not prove the same---Party relying upon the document had to prove the same in accordance with law---Judgments of both the courts below were set aside by the High Court and matter was remanded to Rent Controller to ensure compliance of S. 28 of Islamabad Rent Restriction Ordinance, 2001 and decide the case afresh on merits---Constitutional petition was accepted in circumstances.