| Case ID |
1fe78a13-3a1e-41a7-b36b-04a9f32052f0 |
| Body |
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| Case Number |
Writ Petition No.259 of 2010 |
| Decision Date |
Dec 20, 2011 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the tenant, affirming the decisions of the Rent Controller and the Appellate Court. The court found that the tenant had not complied with the orders to deposit rent and had attempted to delay the proceedings. The landlord proved the bona fide need for the premises, and the court emphasized the importance of clean hands in seeking equitable relief. The tenant was directed to pay outstanding rent by a specified date or face eviction. |
| Summary |
In the case of Messrs KING CLOTHING vs. MUHABAT KHAN, the Islamabad High Court addressed a writ petition concerning the Islamabad Rent Restriction Ordinance. The court upheld the decisions of the Rent Controller and the Appellate Court that had granted the landlord's ejectment petition based on bona fide personal need. The tenant's failure to deposit rent and attempts to prolong the legal proceedings led to the dismissal of the constitutional petition. The ruling highlighted the necessity for petitioners to approach the court with clean hands, and the court's discretionary power in constitutional matters. This case serves as a critical reference for issues related to rental agreements and tenant responsibilities under the Islamabad Rent Restriction Ordinance. |
| Court |
Islamabad High Court
|
| Entities Involved |
Messrs KING CLOTHING,
MUHABAT KHAN,
Khalid Zaman
|
| Judges |
SHAUKAT AZIZ SIDDIQUI, J
|
| Lawyers |
Abdul Rauf Rohaila,
Khalid Zaman
|
| Petitioners |
Messrs KING CLOTHING
|
| Respondents |
MUHABAT KHAN and others
|
| Citations |
2012 SLD 549,
2012 CLC 939
|
| Other Citations |
Javaid Ahmed v. Muhammad Imran Malik PLD 2011 Islamabad 30,
M/s Zaki-ud-Din Siddiqui v. ADJ, Islamabad 2011 CLC 652,
Muneer Khan v. Uzma Ufaq 2011 CLC 846,
Muhammad Saee v. Mst. Sharif Elahi and another 2010 SCMR 1358,
Tasnim Jalil and others v. Deputy Director, A.N.F. 2010 SCMR 72,
Syed Kamal Shah v. Government of N.-W.F.P 2010 SCMR 1377
|
| Laws Involved |
Islamabad Rent Restriction Ordinance (IV of 2001)
|
| Sections |
17(8)
|