Case Details

Citation(s)
2020 SLG 1355 2020 SLD 1355 2020 YLR 932
Islamabad High Court
Writ Petitions Nos. 820 and 2189 of 2019, decision Dated: 7-01-2020, hearing Date : 11-10-2019.
AAMER FAROOQ, J
Sardar Arshad Mahmood Khan for Petitioners (in Writ Petition No. 820 of 2019). Fiaz Ahmad Anjum Jandran for Petitioners (in Writ Petition No. 2189 of 2019). Fiaz Ahmad Anjum Jandran for
Respondents Nos. 2 and 3 (in Writ Petition No. 820 of 2019). Sarda

MUHAMMAD AZHAR THROUGH ATTORNEY AND 6 OTHERS

VS

ADDITIONAL DISTRICT JUDGEVII, WEST, ISLAMABAD AND 2 OTHERS --RESPONDENTS

Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Eviction of tenant---Bona fide need of landlord---Eviction through attorney---Periodic tenancys were co-owners of property who filed for eviction of respondents for bona fide personal need---Contention of respondents was that they were not tenants under petitioners and that eviction was not filed properly---Rent Controller allowed eviction but Lower Appellate Court denied the same---Validity---Where there was admission of relationship and it was in specific words, same was an admission of fact---Rent Controller and Lower Appellate Court rightly observed that respondents were tenants under the petitioners---Parties failed to produce original lease agreement but otherwise relationship was admitted---Tenancy could be treated as periodic based on frequency with which tenants paid rent---If landlord filed eviction application in such tenancies that application, meant that tenancy stood expired as landlord did not wish to continue with same---Expiry of lease was a valid ground for eviction of tenant under Islamabad Rent Restriction Ordinance, 2001---Personal bona fide need was a valid ground and also petitioners were well within their rights as co-owners in property to file an eviction application and same did not have to be filed by owners of property---High Court allowed eviction application filed by petitioners on grounds of personal bona fide need and expiry of lease agreement---High Court directed respon-dents to vacate premises---Constitutional petition was disposed of accordingly. Anees Haider v. Raja Maqsood Hussain PLD 2011 Lah. 273; Muhammad Faisal Ahmed and others v. Rent Controller West Islamabad and others (Civil Petitions Nos.4861 and 4862 of 2017); Abdul Samad Khan and 5 others v. Jamshed and 7 others 2015 MLD 1642; Mst. Khurshid Begum and 6 others v. Chiragh Muhammad 1995 SCMR 1237; Mst. Anwari Begum through Attorney v. Mst. Asghari Khanum and 7 others 2009 MLD 1279; Mst. Akhtar Fatima through Legal Heirs and another v. Bakhat Rafee Shah and another 2016 CLC 887; Mst. Nasira Afridi v. Muhammad Akbar 2015 MLD 171 and Qaiser Javed Malik v. Pervaiz Hameed and 2 others 2009 SCMR 846 ref.…
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