Court directs extension of rent law to capital's rural areas.

ISLAMABAD -- Giving a major relief to landlords, the Islamabad High Court (IHC) on Saturday extended the jurisdiction of the rent controller to all over the capital that makes possible the ejection of defaulting tenants in six months.

The court, however, kept Diplomatic Enclave out of the rent law to the extent of premises being used by foreign missions, diplomats and government only, but held that the rent agreement between private parties was subject to the jurisdiction of the controller.

Mohammad Shahbaz in his petition had requested for directions to the capital administration and the federal government to amend the Islamabad Rent Restriction Ordinance (IRRO) extending it to a private housing society for swift disposal of suits for ejection of defaulting tenants.

Justice Mohsin Akhtar Kayani, however, issued direction for extending the IRRO to all private housing societies and suburbs of the federal capital.

Landlords in private housing societies can now evict defaulting tenants in six months

At present, under the IRRO, the rent controller can entertain petitions of properties situated within the urban areas/developed sectors of Islamabad. The law makes it mandatory for the rent controller to decide the ejection petition within six months.

On the other hand, landlords in private societies and in rural areas file a suit in the civil judge of their respective jurisdiction which takes years to conclude.

The petitioner requested the court to issue a direction to the secretary, Ministry of Interior, and the chief commissioner Islamabad to propose amendments in IRRO for inclusion of territories to ensure equal protection of law to all citizens of the capital territory.

Assistant Attorney General Barrister Usman Ghumman, on the other hand, contended that the federal government was empowered to include any area within the jurisdiction of IRRO in certain circumstances.

He said the rent law was not applicable in any area not included by the federal government under the jurisdiction of the law and citizens in such an area have to apply for remedy under the Transfer of Property Act 1882.

The law officer conceded that 'rural area' had not been defined anywhere in the law.

The court noted that Islamabad Capital Territory had to be seen in the light of zoning regulations as defined in the Islamabad Capital Territory (Zoning) Regulations 1992 as well as in the recent enactment of the local government law as the term ICT was widely used in all...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT