Law: Constitution of Pakistan, 1973

Section: 199

Keywords: Result: Petition Upheld MOHSIN AKHTAR KAYANI, J:- Through this Constitutional Petition under article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners have assailed judgment and decree dated 07.11.2015, passed by learned Rent Controller (West) Islamabad, whereby eviction petition filed by the respondent No.1 was accepted and the petitioners were directed to hand over the vacant possession of the rented premises to the respondent and judgment and decree dated 11.02.2016, passed by learned Additional District Judge (West) Islamabad , whereby appeal of the petitioners was dismissed. 2. Brief facts leading to the filing of instant writ petition are that respondent No.1 filed an eviction petition under Islamabad Rent Restriction Ordinance, 2001 before learned Rent Controller (West) Islamabad against the petitioners, stating therein that respondent No.1 is Special Attorney of the owners of rented premises; that respondent No.1 is the landlord of shops No.2 3 situated on the ground floor of Plot No.8-B, Pacific Center, F-8 Markaz, Islamabad, whereas the petitioners are tenant in the said shops; that first agreement was executed on 1.5.2006 between previous Special Attorney of the property Muhammad Jahangir and Muhammad Tanveer Iqbal/petitioner No.2; that the lessee paid a refundable security of Rs.45,000/- to Muhammad Jahangir/previous Special Attorney and the rent was fixed @ Rs.15,000/- per month; that the second rent agreement was executed between Muhammad Jahangir and waheed Ahmed and Tanveer Iqbal/petitioners No.1 2; that Rs.100,000/- was fixed as security, in which previous security amount was adjusted and security amount of Rs.55,000/- is still unpaid; that at the time of second agreement rent was fixed @ Rs.16,500/- per month; that at the time of handing over the possession of the rented shops, the same were fully furnished with glass walls, wall to wall carpets and also with furniture and five luxury glass top imported tables; that the petitioners have paid the monthly rent of the said shops till April, 2011 and then stopped the payment of rent and thus become willful defaulter; that the petitioners have violated the…

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