Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17(2),17(2)(ii)(b),17(7)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Islamabad Rent Restriction Ordinance (IV of 2001) --- ----S. 17(2) ---- Eviction of tenant --- Reconstruction of building and personal bona fide need of landlord--- Effect --- Under S. 17(2) of Islamabad Rent Restriction Ordinance, 2001 seeking property on ground of reconstruction was an independent ground and was not linked with personal bona fide need of landlord---Under S.17(7) of Islamabad Rent Restriction Ordinance, 2001 where a landlord had obtained possession of a building in pursuance of order under Cl. (v) of S. 17(2) of Islamabad Rent Restriction Ordinance, 2001 and did not have the property demolished within four months of taking over possession or did not reconstruct the same, landlord would be punished with imprisonment which may extend to six months or with fine or both. Muhammad Ajmal Khan v. Rashid Shafique 2012 SCMR 854 rel. (b) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S.17(2)(ii)(b) --- Eviction of tenant --- Expiry of lease --- Violation of terms and conditions of agreement --- Scope --- Under Islamabad Rent Restriction Ordinance, 2001, expiry of lease was not a specific ground for eviction, however, under S. 17(2)(ii)(b) of Islamabad Rent Restriction Ordinance, 2001 violation of terms and conditions of agreement was one of the grounds for seeking eviction of tenant and where the lease agreement, provided for expiry of lease and despite the same, tenant failed to hand over the possession, then tenant would have violated terms and conditions of said agreement. 2009 SCMR 846 ref. (c) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of High Court---Scope---Concurrent findings of facts by lower fora---Scope---High Court in exercise of jurisdiction under Art. 199 of the Constitution would not interfere with concurrent findings of courts below unless the same suffered from jurisdictional or legal infirmity. JUDGMENT AAMER FAROOQ, J.---Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the Constitution) the petitioner has assailed judgment dated 26-3-2015 passed by the learned Additional District Judge (West), Islamabad whereby his appeal against judgment…

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