Case Details

Citation(s)
2013 SLG 2969 2013 SLD 2969 2013 CLC 678
Islamabad High Court
W.P. No. 2971 of 2011, decided 27-10-2011.
IQBAL HAMEED-UR-RAHMAN, CHIEF, JUSTICE
Zahid Mahmoud Raja for Petitioner.

PETITIONERS: DR. ABDUL GHAFOOR KHAN

VS

RESPONDENTS: HAJI MUHAMMAD TAJ AND OTHERS

Law:

Section:

Islamabad Rent Restriction Ordinance (IV of 2001)--- ----S. 17---Constitution of Pakistan Art.199---Constitutional petition---Ejectment of tenant---Denial of relationship of landlord and tenant---Sub lessee, rights of---Ejectment petition was allowed concurrently---Tenant (petitioner) had denied the relationship of landlord and tenant on the ground hat he had obtained the premises from the other respondent and had no lease agreement with the landlord---Validity---Sale-deed produced by the landlord clearly showed that he had purchased the premises from the other respondent and the tenant could not prove that the sale-deed was not a valid document---Record proved that the premises were given to the other respondent who subsequently sublet the same to the tenant, and under the law, the sub-lessee had no legal right to remain in possession of the premises---Concurrent findings of courts below could not be interfered with---Constitutional petition was dismissed, in circumstances. Aadil Nadeem Rizvi v. Gohar Siddique and others 2004 SCMR 738; Muhammad Sarwar v. Muhammad Shafi 1986 SCMR 1638 and Mst.Nasim Fatima through legal heirs and others v. Sh.Ala ud Din and others PLD 2005 SC 445 rel. THIS ORDER PASSED BY: IQBAL HAMEED-UR-RAHMAN, C.JUSTICE:---.--- By means of this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has made the following prayer:--- "It is most humbly prayed that writ petition may kindly be accepted and theimpugned /order dated 27-7-2011 and 20-9-2011 of learned trial Court and Appellate Court may be set aside and eviction petition of the respondent may be dismissed." 2. Facts of the case, succinctly for determination of the instant writ petition are that respondent No. 1 herein filed ejectment petition against the petitioner and respondent No. 2 seeking eviction of petitioner from demised premises i.e Shop No. 19 (Basement), situated in Al-Safa Silk Centre, Rehmat Business Centre, Markaz I-10, Islamabad. The petitioner opposed the same vehemently by filing written reply; whereas respondent No. 2 Muhammad Ejaz filed consenting written reply. 3. In order to resolve the…
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