Law: Islamabad Rent Restriction Ordinance (IV of 2001)

Section: 17

Law: Constitution of Pakistan, 1973

Section: 199

(a) Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S.17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant--- Statement of attorney---Choice of landlord---Scope---Landlord sought ejectment of tenant on the ground of bona fide personal need and default in payment of monthly rent---Rent Controller dismissed the ejectment application on the ground that neither bona fide personal need was proved nor tenant was defaulter---Lower Appellate Court allowed the appeal filed by landlord and passed eviction order---Plea raised by tenant was that landlord did not appear himself in witness box and he had another premises which he could use for himself---Validity---Landlord in order to prove personal bona fide need could get examined his attorney and there was no compulsion that he must have appeared in witness box---It was the prerogative of landlord to choose premises for his personal need and no direction in respect thereof could be given to landlord---Interference of High Court in extraordinary jurisdiction could only be made when glaring misreading or non-reading of any material floated on the file---Such fact was missing and petitioner failed to point out any misreading or non-reading of evidence or any irregularity committed by Lower Appellate Court---High Court declined to interfere in the passed by Lower Appellate Court--- Petition was dismissed in circumstances. Syed Abdul Rauf v. Abdul Sattar 1998 SCMR 2525 ref. Malik Muhammad Ramzan v. M/s General Iron Stores and another 1995 SCMR 1125 and National Tubewell Construction Corporatin Ltd. v. Tariq Rahim (Advocate) and another NLR 1991 Civil 366 rel. (b) Affidavit--- ----Affidavit attached with proceedings cannot be given much weight when deponent has not faced the test of cross-examination. THIS JUDGMENT DELIVERED BY: IQBAL HAMEED-UR-RAHMAN, C.J.- -- This constitutional petition has been directed against the order dated 11-3-2009, passed by learned Additional District Judge, Islamabad; whereby appeal filed by respondents Nos.1 and 2 was accepted and order of learned Rent Controller, Islamabad dated 24-4-2007 was set aside with the direction to the petitioner to hand over the…

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