| Case ID |
4646264b-7901-4ca9-8389-849ce303de4d |
| Body |
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| Case Number |
W.P. No. 711 of 2016 |
| Decision Date |
Mar 21, 2016 |
| Hearing Date |
Mar 15, 2016 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the petitioners against the order of the Rent Controller which directed them to vacate the rented property. The court found that the petitioners failed to comply with the direction to deposit arrears of rent, leading to the striking off of their defense under Section 17(9) of the Islamabad Rent Restriction Ordinance. The court emphasized that the law assists those who are vigilant about their rights and that the default in rent payment was not excusable. The decision reaffirmed the mandatory nature of compliance with the Rent Controller's orders and upheld the eviction order. |
| Summary |
This case revolves around the Islamabad Rent Restriction Ordinance, specifically focusing on the implications of non-compliance with rent payment directives issued by the Rent Controller. The Islamabad High Court's ruling highlights the importance of adhering to legal obligations as a tenant and the stringent consequences of failing to do so. The court underscored that the legal framework is designed to protect landlords’ rights against negligent tenants. The decision serves as a critical reminder for tenants to ensure timely rent payments to avoid eviction, as the law provides no leniency for delays. This case is significant in the context of landlord-tenant disputes, as it clarifies the responsibilities of tenants under the Islamabad Rent Restriction Ordinance, emphasizing the principle that legal remedies are available only to those who actively safeguard their rights. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Rana Abid Nazir Khan,
Malik Mumtaz Ahmad
|
| Petitioners |
another,
Najeeb Ullah Khan
|
| Respondents |
others,
Mst. Hameeda Chaudhry
|
| Citations |
2016 SLD 3757,
2016 YLR 1538,
2016 PLJ 264
|
| Other Citations |
Wasal Khan and others v. Dr. Niaz Ali Khan 2016 SCMR 40,
Messrs Uzma Construction Co. v. Navid H. Malik 2015 SCMR 642,
Hashim Khan v. Ghulam Nabi and 7 others 1973 SCMR 112,
Mushtaq Ahmad Kiani v. Bilal Umair and others 2009 SCMR 1008,
M.H. Mussadaq v. Muhammad Zafar Iqbal and another 2004 SCMR 1453,
Bilal Abid v. District Judge (West) Islamabad 2015 YLR 2405,
Shamshad Ali v. Ghulam Muhammad Chaudhry 2009 CLC 52,
Major (R) Shakil-ud-Din Ahmad v. Addl. District Judge, Islamabad 2007 CLC 601
|
| Laws Involved |
Islamabad Rent Restriction Ordinance
|
| Sections |
17
|