Case Details

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.

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…
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