2012 MLD 689 ISLAMABAD

Full text

Sheikh IJAZ AHMED VS ZUBAIR ASLAM 1992 SCMR 1149, 2006 SCMR 1630, 2010 SCMR 1443, PLD 1961 Lah. 601, PLD 1974 Quetta 1, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--7 , Ss. 2(k) & 7(3)---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Rent Controller, jurisdiction of---Default in payment of rent---Concurrent findings of fact by two courts below---Tenant failed to pay rent for 20 months, therefore, Rent Controller passed eviction order against tenant which was maintained by lower Appellate Court---Plea raised by tenant was that proceedings before Rent Controller were initiated prior to promulgation of Islamabad Rent Restriction Ordinance, 2001, and he did not deposit rent as there was no order for the deposit---Validity---Islamabad Rent Restriction Ordinance, 2001, had become effective on 23-1-2001 and when notification was issued, the urban area in Islamabad stood defined and all buildings situated over that area were within the territorial jurisdiction of Rent Controller---Tenant had not paid rent since 2008, as the case was filed in the High Court and there was no order regarding deposit of rent---Even if there was no order from the court for deposit of rent, that did not mean that tenant was absolved of his duty of paying the rent---Tenant could send rent through post or deposit the same in court---No evidence was available regarding payment of rent during pendency of eviction petition before Rent Controller and appeal before lower Appellate Court---Both the courts below had dealt with the issue regarding deposit of rent and evidence regarding the same could not be discussed in constitutional jurisdiction---High Court declined to interfere in concurrent findings of fact by two courts below---Petition was dismissed in circumstances.