| Citation(s) |
|---|
| 2017 SLG 2241 2017 SLD 2241 2017 CLC 1043 |
Islamabad High Court
Writ Petition No. 1090 of 2015, decision Dated: 3-10-2016.Hearing Dates: 10th, 13th, 27th, May, 2nd, 8th, 9th, 14th,28th June and 4th July, 2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
M. Aleem Khan Abbasi, Hamood-ur-Rehman Khan and Rana Ghulam Asghar Khan for Petitioner.Tariq Mahmood Jehangiri for
Respondents Nos.2 to 7.
Writ Petition No. 1090 of 2015, decision Dated: 3-10-2016.Hearing Dates: 10th, 13th, 27th, May, 2nd, 8th, 9th, 14th,28th June and 4th July, 2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
M. Aleem Khan Abbasi, Hamood-ur-Rehman Khan and Rana Ghulam Asghar Khan for Petitioner.Tariq Mahmood Jehangiri for
Respondents Nos.2 to 7.
KHUSHNOOD AHMADVS ADDITIONAL DISTRICT JUDGE, ISLAMABAD AND OTHERS
Law:
Section:
(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- -----Ss. 17, 5 & 28---Eviction of tenant---Relationship of landlord and tenant---Tenancy agreement---Requirements---Agreement to sell---Effect---Contention of tenant was that there was agreement to sell between the parties and he was in possession on the demised premises being owner and had filed suit for specific performance---Eviction petition was accepted concurrently---Validity---No one could remain in occupation of rental premises on the ground that he had instituted a suit for specific performance or declaration---Tenant had not paid any rent which was sufficient reason for his eviction from the premises---Tenancy agreement had to be in writing---Section 5 of Islamabad Rent Restriction Ordinance, 2001 did not take the matter out of jurisdiction of Rent Controller if rent agreement was not in writing---Discretionary power not to be exercised in favour of a person who had not come to the court with clean hands---One who had sought equity must come with clean hands---High Court under Art.199 of the Constitution could not interfere with the findings of Rent Controller merely on the ground that more than one view was possible and weigh the evidence led before the Rent Controller---Finding of facts could not be challenged on the ground that relevant material and evidence adduced before the Rent Controller was insufficient or inadequate to sustain the findings recorded by the Rent Controller---Such a Tribunal was not bound by strict rules of evidence---High Court could interfere with the findings of Rent Controller if same were perverse or irrational or arrived at by ignoring materials on record or arbitrary or contrary to the principles of natural justice---No perversity, irrationality or violation of principles of natural justice were pointed out in the proceedings recorded by the courts below---Constitutional petition was dismissed in circumstances. Rana Abdul Hameed Talib v. Additional District Judge, Lahore and others PLD 2013 SC 775; Allies Book Corporation through L.Rs. v. Sultan Ahmad and others 2006 SCMR 152; Afzal Ahmad Qureshi v. Mursaleen 2001 SCMR 1434; Pervaiz Zafar Butt v. Muhammad Hanif…