| Citation(s) |
|---|
| 2011 SLG 2999 2011 SLD 2999 2011 PLD 13 |
Islamabad High Court
Writ Petition No. 1719 and C.M.As. Nos. 1231 and 1550 of 2009, heard on 6th April, 2011. heard on: 6th April, 2011.
IQBAL HAMEED-UR-RAHMAN, CHIEF, JUSTICE
Zaheer Ahmed Qadri for Petitioner. Zafar Ali Shah for
Respondents Nos. 1 and 2.
Writ Petition No. 1719 and C.M.As. Nos. 1231 and 1550 of 2009, heard on 6th April, 2011. heard on: 6th April, 2011.
IQBAL HAMEED-UR-RAHMAN, CHIEF, JUSTICE
Zaheer Ahmed Qadri for Petitioner. Zafar Ali Shah for
Respondents Nos. 1 and 2.
JAVAID AHMED
VS
MUHAMMAD IMRAN MALIK AND 3 others
Law:
Section:
(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, CHIEF JUSTICE:---.--- 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…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492