2012 CLC 1973 ISLAMABAD

Full text

MUHAMMAD JAMEEL VS NASEER AHMAD BHUTTA 1995 CLC 315, 2012 SCMR 377, PLD 1975 Quetta 39, PLD 1979 Lah. 132, Constitutional petition--TERM , Ejectment application--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--24 , Islamabad Rent Restriction Ordinance 2001--25 , Ss. 17, 24 & 25---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment application--- "Service effected"-Scope---Ex parte ejectment order for non-appearance, setting aside of---Application of tenant for setting aside the ex parte order had concurrently been dismissed by the Rent Controller and Appellate Court---Validity---No evidence was on record to show that the tenant was either served or having knowledge of the ejectment petition filed' against him-Daily newspaper in which alleged notice was published, was a publication of limited circulation, and not normally read and it seemed that the publication was ordered and aimed at accomplishing the formality of effecting service---Such service could not be termed as "service effected" as required under S.25 of Islamabad Rent Restriction Ordinance, 2001---Proceeflings in the case, held thereafter, could not be considered to have been held after affording opportunity of hearing to the tenant, in circumstances---Section 24 of Islamabad Rent Restriction Ordinance, 2001, had explicately provided that no order in respect of increase of rent; or interference with the amenities enjoyed by the tenant; or order for carrying out necessary repairs; or eviction of tenant, were to be made by the Rent Controller, except after holding an inquiry; and affording to the parties an opportunity of hearing---Without effecting service .as required, order passed by the Rent Controller for ejectment of tenant, would be violative of the provisions of S.24 of Islamabad Rent Restriction Ordinance, 2001---Tenant having not been served by the Rent Controller in the prescribed manners, ex parte order of ejectment passed against the tenant without affording reasonable opportunity of hearing to the tenant would not sustain---Constitutional petition was accepted subject to payment of costs with the direction to the Rent Controller to expeditiously dispose of the ejectment petition after affording opportunity of hearing to the tenant in the prescribed manner, in circumstances.