| Case ID |
2e354e31-aaa8-4493-a3ec-e2ff05c179a3 |
| Body |
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| Case Number |
W.P.No. 345 of 2016 |
| Decision Date |
Feb 22, 2016 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the writ petition filed by the petitioner Asad Amin against the judgment dated January 14, 2016, of the Additional District Judge (West), Islamabad. The court upheld the decision of the learned Rent Controller, which had allowed the eviction petition filed by the respondent Noor Hussain based on the petitioner's failure to comply with the rent payment directives under the Islamabad Rent Restriction Ordinance. The court found that the petitioner had become a defaulter by not paying the increased rent and failed to deposit the outstanding rent as ordered. The court directed the petitioner to vacate the premises within fifteen days, confirming the lower courts' decisions. |
| Summary |
The case revolves around a dispute between Asad Amin (the petitioner) and Noor Hussain (the respondent) regarding the eviction of the petitioner from a rented flat due to non-payment of rent. The Islamabad High Court's ruling emphasized the importance of adhering to rent payment obligations as stipulated in the Islamabad Rent Restriction Ordinance, 2001. The petitioner had a lease agreement that required him to pay Rs. 15,000 per month for the first year and Rs. 16,500 for the second year, but he failed to pay the increased amount and accrued arrears. Following a legal notice and subsequent eviction petition, the Rent Controller struck off the petitioner's defense for non-compliance. The appellate court upheld this decision, leading to the dismissal of the writ petition by the High Court. This case highlights critical issues such as tenant obligations, the legal framework governing rental agreements, and the implications of failing to comply with court orders. Keywords include tenant rights, eviction proceedings, Islamabad Rent Restriction Ordinance, legal compliance, and rental agreements. |
| Court |
Islamabad High Court
|
| Entities Involved |
|
| Judges |
MIANGUL HASSAN AURANGZEB, J
|
| Lawyers |
|
| Petitioners |
Asad Amin
|
| Respondents |
Noor Hussain
|
| Citations |
2016 SLD 1955 = 2016 IHC
|
| Other Citations |
2009 SCMR 1008,
2015 YLR 2405,
2009 CLC 52,
2003 CLC 1819,
2007 CLC 601,
2000 SCMR 1328,
1983 CLC 1378,
1985 MLD 992,
1985 CLC 2450,
1986 CLC 2007,
1991 MLD 326,
1998 CLC 1205
|
| Laws Involved |
Islamabad Rent Restriction Ordinance, 2001
|
| Sections |
17(8),
17(9)
|