Law: Penal Code (XLV of 1860)

Section:

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Scope---Eviction petition was accepted on the grounds of default in payment of rent and personal need of landlord---Validity---Tenant dispatched rent through money order but same was late for two months due to which landlord did not receive the same---Tenant had committed default, in circumstances---Demised premises was required to the landlord for his son who was jobless---Sole testimony of landlord with regard to choice of his property and personal bona fide need was sufficient for ejectment of tenant---No illegality had been pointed out in the impugned orders passed by the Courts below---Constitutional petition was dismissed, in circumstances. Saleem Ullah Khan v. Federation of Pakistan 2017 YLR 1224 distinguished. Iqbal Book Depot v. Khatib Ahmad 2001 SCMR 1197; Muhammad Akhtar v. Mst. Manna 2001 SCMR 1700 and Moazzam Habib v. FOP and others 2018 YLR 222 rel. (b) Affidavit--- ----When deponent had failed to appear before the Court to substantiate his plea then such affidavit could not be considered or taken into account. Abdul Majeed through Legal Heirs v. Abdul Rasheed and others PLD 2016 Lah. 383 and Mst. Iqbal Bibi v. Additional District Judge and others 2014 MLD 1206 rel. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE:---.--- Through this writ petition, the petitioner has assailed the judgment dated 23.05.2019, passed by learned Rent Controller, Islamabad (East), whereby eviction order has been passed against the petitioner. The petitioner has also assailed the judgment dated 08.10.2019, passed by learned Additional District Judge-I (East) Islamabad, whereby appeal filed by the petitioner was dismissed and judgment of learned Rent Controller has been upheld. 2. Learned counsel for the petitioner contends that the petitioner is tenant in the leased premises measuring 30 x 100 (two rooms with kitchen and bath) situated in Ch. Abdul Rauf Market Sihala Bagh, Islamabad along with land for the purpose of godown measuring 7 x 95 x 18 against monthly rent of Rs.8,500/- vide agreement dated…

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