Law: Islamabad Real Estate Agents and Motor Vehicles Dealers (Regulation of Business) Ordinance, 1984

Section: 7

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,118,76

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ---S.7---Eviction of tenant---Arrears of rent and mesne profit obtained portion of house from the owner vide lease agreement---After death of the owner, respondent (legal heir/brother of owner) filed eviction application against the appellant and got the house vacated accordingly then filed suit for recovery of arrears of rent and mesne profit---Suit was decreed contended that he continued the possession of the property on the insistence of legal heir/sister of the owner (deceased) hence became her tenant; that he had been paying rent to the heir/sister and that claiming mesne profit as double the amount of rent was not justified---Held, that appellant was admittedly the tenant of deceased owner and his sister were the sole heirs of the property---In terms of compromise between the said heirs recorded through decree, respondent became the exclusive owner of the property became landlord after demise of original owner and compromise, he (respondent) was entitled to receive rent had failed to discharge the burden of proof by showing that he had been furnishing rent either to the respondent or legal heir as no evidence was led to the effect and only a copy of Money Order was produced in the court---Once the lease expired, the mesne profit could be claimed as double the amount of rent could not justify any factual/legal impediment to the claim of respondent---Appeal was dismissed accordingly. Iqbal Muhammad Khan v. Abdul Aziz 2015 CLC 1667; Malik Naveed Ahmed v. Mrs. Nasreen Hameed 2005 SCMR 357 and Dawood Hercules Chemicals Limited v. Water and Power Development Authority 1991 CLC Note 269 rel. (b) Islamic Law--- ---Inheritance---Entitlement to collect rent by legal heir of the deceased landlord’s property---Principle---Under Islamic Law of Inheritance, at the time of death, property of the deceased devolved upon legal heirs by operation of law and no final order/ was required for the same---After demise of landlord, legal heirs were entitled to receive the rent as they became the landlord. Haji Muhammad Hanif v. Muhammad Ibrahim and others 2005 MLD 1; Mst. Juma v. Umar Akhtar and others 2006 MLD 47 and…

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