| Citation(s) |
|---|
| 2017 SLG 923 2017 SLD 923 2017 PLJ 106 |
Islamabad High Court
W.P. No. 961 of 2015, decided on 1.3.2016. Date of hearing: 28.1.2016.
Raja Aleem Khan Abbassi, Learned ASC for Petitioner. Sardar Ashfaq Ahmed Abbassi, Learned ASC for
Respondents.
W.P. No. 961 of 2015, decided on 1.3.2016. Date of hearing: 28.1.2016.
Raja Aleem Khan Abbassi, Learned ASC for Petitioner. Sardar Ashfaq Ahmed Abbassi, Learned ASC for
Respondents.
NADEEM RAZA ABBASI
VS
SARDAR ABU BAKAR & 2 others- --RespondentS
Law:
Section:
Relationship of Landlord and Tenant-- ----Scope of--There cannot be any cavil to proposition that relationship of landlord and tenant is governed by terms and conditions set in lease agreement--In event of lapse of lease agreement by afflux of time, unless extended, relationship comes to an end with non existence of contractual obligations--Undoubtedly, occupation of premises by tenant is not only dependant upon payment of rent but also upon temporary period mentioned in lease agreement or extension agreement. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 6--Expiry of lease agreement--Expiry of lease agreement has not been mentioned as ground of eviction in IRRO--Tenancy does not remain valid upon lapse of period mentioned in lease agreement. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----Ss. 6 & 17(4)--Tenure of tenancy--Modes of cessation of tenancy--Pre-requisite for expiry of fixed period of lease agreement--Expiry of lease agreement inevitably results in cessation of tenancy, it would be pertinent to amplify with reverence that gracious order-Where no provision under Section 17 seeking eviction on expiry of tenancy is incorporated parallel to provision contained in Punjab Rented Premises Act, 2009--Eviction could not be ordered on expiry of tenancy under IRRO, 2001 due to having no place under Section 17 of Ordinance 2001. Islamabad Rent Restriction Ordinance, 2001 (IV of 2001)-- ----S. 17(2)(v)--Lease agreement--Extended verbally--Onus to prove--No evidence could be produced--Grounds for reconstruction--Effect of expiry of lease agreement--Mere deposit of rent does not reflect extension of lease agreement because a tenant in possession of demised premises after termination of tenancy cannot be absolved from liability of payment of rent, specifically where request for payment of rent was made on their part--Landlord has not denied agreement to sell but it was claimed that transaction could not be finalized and due to dispute parties entered into litigation--Pendency of civil suit for specific performance was admitted by respondents which show that title of demised property cannot be called to have transferred--No…
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