| Citation(s) |
|---|
| 2016 SLG 3191 2016 SLD 3191 2016 MLD 1302 |
Islamabad High Court
W.P. No. 873 of 2016, decided on 28th March, 2016. Date ofhearing: 24th March, 2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Ms. Romana Shabbir Malik for Petitioner.Raja M. Aleem Khan Abbasi for
Respondent No. 1.
W.P. No. 873 of 2016, decided on 28th March, 2016. Date ofhearing: 24th March, 2016.
MIANGUL HASSAN AURANGZEB, JUSTICE
Ms. Romana Shabbir Malik for Petitioner.Raja M. Aleem Khan Abbasi for
Respondent No. 1.
FARHAD KHAN - erVSASAD ZULFIQAR and OTHERS --Respondent
Law:
Section:
(a) Islamabad Rent Restriction Ordinance (IV of 2001) --------- ----------Ss. 17, 5 & 2 (g) --------- Eviction of tenant --------- Default in payment of rent --------- Expiry of lease period --------- Tenancy agreement being not registered --------- Effect --------- Eviction petition by the attorney --------- Scope --------- Tenancy agreement was required to be in writing and registered --------- Tenancy agreement in question was not reduced into writing and was not registered --------- Unregistered tenancy agreement did not create any right or interest in favour of tenant in the demised premises --------- Expiry of lease period could be a ground for filing an eviction petition --------- When there was no written rent agreement between the parties then landlord would be at liberty to institute eviction petition at any stage --------- Unregistered rent agreement could not be accepted in evidence to prove relationship of landlord and tenant --------- Eviction petition could be filed by the duly authorized attorney of landlord --------- When landlord was reluctant or he refused to accept rent then tenant should lose no time in making an application to the Rent Controller for deposit of rent --------- Tenant did not make such an application in the present case --------- Tenant did not deposit enhanced rent in compliance with the order of Rent Controller --------- Constitutional petition of tenant was dismissed in circumstances. Sheraz Tufail v. The State 2007 SCMR 518; Muhammad Shoaib Alam and others v. Muhammad Iqbal 2000 SCMR 903; Mst. Jehan Ara through Attorney v. Raja Zafarullah Janjua PLD 2003 SC 277 and Muhammad Iqbal v. Syed Sohail Wajid Gillani 2004 SCMR 1607 ref. Muhammad Ajmal Khan v. Shahid Rafique 2012 SCMR 854; Mst. Nayyar Naheed v. Malik Zaheer Ullah 2011 YLR 1535; Mehraj Din and another v. MuhamamdYasin and 2 others PLD 1968 Lah. 20; Hakim Ali v. Muhammad Salim and another 1992 SCMR 46; Zhange Guogen v. Mst. Jahanzeba Begum and others 2013 CLC 963; Unair Ali Khan and others v. Faiz Rasool and others PLD 2013 SC 190; Muhammad Imran v. Ghulam Mustafa and 6 others 2015 YLR 2683; Aslam Ali Shah v. Muhammad Azam 2015 CLC 1204; Dr. Abdul Basit v.…