Case Details

Citation(s)
2016 SLG 1944 2016 SLD 1944 2016 IHC
Islamabad High Court
W.P.No. 1050 of 2016, 24.03.2016
MIANGUL HASSAN AURANGZEB, J

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Muhammad Rafique

VS

Farida Khan & Others

Law:

Section:

Keywords: Result: Petition dismissed Through the instant writ petition, the petitioner, Major (R) Muhammad Rafique, has impugned Orders dated 18.02.2016 and 17.03.2016, passed by the Court of the learned Rent Controller, Islamabad, and the Court of the learned Additional District Judge, Islamabad, respectively. Vide Order dated 18.02.2016, the learned Rent Controller had dismissed the petitioner's Objection Petition filed in execution proceedings, whereas vide order dated 17.03.2016, the Court of the learned Additional District Judge, had dismissed the petitioner's revision petition against the said order dated 18.02.2016. 2. The facts essential for the disposal of this petition are that Farida Khan (respondent No.1) had on 19.06.2015, filed an eviction petition against the petitioner under Section 17 of the Islamabad Rent Restriction Ordinance, 2001 ("IRRO") seeking the petitioner's eviction from Flat No.01 1st Floor, Plot No.5-D, F-10 Markaz, Islamabad ("the rented premises"). The grounds on which respondent No.1 sought the petitioner's eviction from the rented premises were, (1) expiry of the lease agreement, (2) personal bonafide need of the owner, (3) default in the payment of rent and water charges etc; and (4) violation of the terms of the lease agreement. Vide order dated 02.12.2015, the eviction petition was disposed of by the learned Rent Controller. It is pertinent to reproduce the said order dated 02.12.2015 in its entirety:- "On 15.10.2015 the counsel for respondent had got recorded his statement that the respondent would vacate the rented premises by the end of November & would hand over possession of the rented premises to the petitioner. The said statement of learned counsel for respondent was endorsed by counsel for the petitioner & counsel had stated that he has no objection on the statement of counsel for respondent if the respondent handover the keys of premises to the petitioner in the court. In the light of said statement of counsel the case was adjourned to 30th November 2015 with mutual consent of parties and respondent was directed to handover keys of rented premises to the petitioner in the court on the date fixed. On…
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