2016 MLD 1121 ISLAMABAD

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MUHAMMAD SHAHID FAHIM VS ABDULLAH TAYYAB 1981 SCMR 18, 1993 CLC 2435, 2001 YLR 2767, 2003 CLC 1819, 2004 SCMR 1070, 2007 CLC 601, 2008 MLD 1659, 2009 CLC 52, 2009 SCMR 1008, 2014 YLR 1525, 2015 YLR 2405, PLD 1988 Quetta 42, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Ejectment of tenant---Tentative rent, non-deposit of---Defence, striking off---Scope---Rent Controller directed the tenant to deposit tentative rent who failed to deposit the same and right of defence was struck off and eviction petition was accepted---Contention of tenant was that monthly rent was Rs. 8,000/- per month but Rent Controller fixed Rs. 15,000/- per month as the tentative rent---Validity---Tenant could have applied for correction of the incorrect figure of the tentative rent---If incorrect figure of tentative rent was mentioned then there was nothing to prevent the tenant from depositing Rs. 8,000/- before the Rent Controller---Order whereby tentative rent was fixed was unambiguous and tenant was bound to deposit the monthly rent which was Rs. 8,000/---Where tenant had failed to comply with the direction to deposit rent then Rent Controller was left with no option but to strike off the defence and direct to vacate the demised premises---Constitutional petition was dismissed in circumstances.