Law:

Section:

  MIANGUL HASSAN AURANGZEB, J:-Through the instant writ petition, the petitioners, Usman Ali Zafar and another, impugn the judgment and decree dated 31.03.2017, passed by the Court of the learned Additional District Judge, Islamabad, whereby the petitioners’ appeal against the order and decree dated 12.01.2017, passed by the Court of the learned Rent Controller, Islamabad, was dismissed. Vide the said order and decree dated 12.01.2017, the learned Rent Controller allowed respondent No.1’s petition under Section 17 of the Islamabad Rent Restriction Ordinance, 2001, (“IRRO”) seeking the petitioners’ eviction from Basement No.07, Lower Ground Floor, Plot No.3-N, Shaheen Centre, I-9 Markaz, Islamabad (“the rented premises”).

2.            The record shows that on 16.05.2016, respondent No.1 filed a petition under Section 17 of the IRRO before the learned Rent Controller, Islamabad seeking the petitioners’ eviction from the rented premises. The grounds taken in the said eviction petition were; (i) the expiry of the lease agreement, (ii) personal bonafide need of the landlord/respondent No.1 for the rented premises, and (iii) default in the payment of rent since June, 2015. The petitioners contested the said petition by filing a written reply. The position taken by the petitioners was that they had purchased the rented premises on 18.01.2015, and that the petitioners had already instituted a suit for specific performance against respondent No.1. The petitioners also pleaded that they had paid rent to the previous owner of the rented premises up to September, 2015, and, thereafter, they had been depositing rent in the Court.