2014 CLC 1291 ISLAMABAD

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Mst. ZEBA SAMIN ARAIN VS RENT CONTROLLER (WEST), ISLAMABAD Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Lease agreement--Rule , S. 17---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Lease agreement---Scope---Tenant, a Deputy Headmistress---Deduction of house rent allowance by the education department from the monthly salary of an employee---Effect---Contention of tenant was that eviction petition could not be filed till the expiry of lease period---Validity---Lease period was extended up to 26-10-2015 by fixing the rent at Rs.21,000 per month---Rent of Rs.14,110 was to be paid by the education department whereas difference of rent of Rs.6,890 was required to be paid by the tenant from her own pocket---Education department should have followed their earlier correspondence with the new owner with regard to completion of lease period and payment of rent---Education department was also impleaded in the ejectment petition but non-deposit of rent was only burdened upon the tenant rather being a common liability should have been shared by the said department also---New owner after purchase of demised premises accepted the commitments and liabilities incurred over the said premises which was binding upon him including the agreement executed between the previous owner and tenant---Rent Controller directed the tenant to pay Rs.1,47,000 as total arrear of rent and that rent of Rs.21,000 per month be paid of each month---Such directions were contrary to law as same were passed ignoring the responsibility of education department to pay its part of rent---Impugned order of Rent Controller suffered from legal and factual infirmities---Education department was favouring the tenant with regard to extended lease period but later on their attitude changed---Impugned order was set aside and Rent Controller was directed to provide further opportunity of hearing to the parties and pass a fresh order in accordance with law---Constitutional petition was accepted in circumstances.