Case ID |
2fa22d80-530b-4e12-899d-dae3fedecad5 |
Body |
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Case Number |
W.P. No. 2347 of 2008 |
Decision Date |
Jul 08, 2011 |
Hearing Date |
|
Decision |
The Islamabad High Court dismissed the writ petition challenging the eviction order, confirming that the Islamabad Rent Restriction Ordinance had been in effect when the ejectment application was filed in 2003. The court ruled that the Rent Controller had jurisdiction to entertain the application, and the legal heirs of the deceased tenant were not required to be impleaded if one was already present and in possession. The failure to pay rent since 2008 was established, validating the eviction order. The court upheld the decisions of the lower courts, which had appropriately assessed the facts and determined that the tenant's default in rent justified the eviction. |
Summary |
In the case of W.P. No. 2347 of 2008, the Islamabad High Court reviewed the eviction petition filed by landlords against the deceased tenant Zafar Iqbal Abbasi for non-payment of rent over twenty months. The court addressed critical issues surrounding the enforcement of the Islamabad Rent Restriction Ordinance, which was contested by the tenant's counsel, arguing that the ordinance was not in effect at the time of the application. However, the court clarified that the ordinance had indeed come into force on January 23, 2001, and was applicable to the defined urban areas of Islamabad. The decision emphasized the importance of recognizing the legal heirs of the deceased tenant and confirmed that only one representative in possession suffices for the proceedings. The ruling reinforced the jurisdiction of the Rent Controller and validated the eviction order based on the established non-payment of rent. This case highlights key aspects of landlord-tenant law and the procedural requirements under the Islamabad Rent Restriction Ordinance, making it significant for future references in similar eviction disputes. |
Court |
Islamabad High Court
|
Entities Involved |
Not available
|
Judges |
RIAZ AHMAD KHAN, JUSTICE,
ZAFAR IQBAL ABBASI
|
Lawyers |
Raja Shafqat Khan Abbasi,
Sajjad Ahmed Abbasi,
Barrister Jahangir Khan Jadon
|
Petitioners |
ZAFAR IQBAL ABBASI
|
Respondents |
3 OTHERS,
ZUBAIR ASLAM
|
Citations |
2012 SLD 823,
2012 PLD 6
|
Other Citations |
PLD 1974 Quetta 1,
PLD 1961 Lah. 601,
2006 SCMR 1630,
1992 SCMR 1149,
2010 SCMR 1443
|
Laws Involved |
Islamabad Rent Restriction Ordinance,
Constitution of Pakistan, 1973
|
Sections |
1(2),
2(J)(ii)(K),
7(3),
17(2)(i),
21,
199
|