2009 CLC 52 ISLAMABAD

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SHAMSHAD ALI VS GHULAM MUHAMMAD CHAUDHRY 1990 SCMR 557, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17(8) & (9)---Constitution of Pakistan (1973), Art.199--Constitutional petition---Ejectment of tenant---Defence, striking off---Concurrent findings of fact by the Courts below---Tenant having failed to comply with tentative rent order passed by Rent Controller, his defence was struck off and eviction order was passed---Validity---Rent Controller was fully competent to pass ejectment order and strike off defence of tenant in case of non-compliance of order passed under S.17(8) of Islamabad Rent Restriction Ordinance, 2001---Nothing was on record in support of version of tenant that he was not defaulter and he had been continuously paying rent---Both the courts below had given concurrent findings regarding non-compliance of order by tenant, which could not be disturbed while exercising powers in constitutional jurisdiction; when no illegality or irregularity had been pointed out---Nothing was on record to suggest that misreading and non-reading of evidence had been made by courts below---Tenant failed to satisfy that he had complied with the order of Rent Controller---Tenant having not complied with the order for deposit of rent due the, Rent Controller was fully competent to pass order under S.17(9) of Islamabad Rent Restriction Ordinance, 2001, which was rightly maintained by Appellate Court---Orders passed by both the courts below were legal, having no illegality, irregularity or infirmity, and as such did not call for any interference---Constitutional petition was dismissed in circumstances.