Law: Constitution of Pakistan 1973

Section: 199

Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17, 2(g), 2(j)

Summary The Islamabad High Court dismissed the writ petitions challenging concurrent eviction orders passed by the Rent Controller and the Appellate Court. The Court held that the landlord successfully established the landlord-tenant relationship through unchallenged rent receipts and corroborative witness testimony, while the tenants failed to substantiate their denial of tenancy and produced contradictory evidence. The High Court reiterated that it does not interfere with concurrent findings of fact under Article 199 of the Constitution unless there is jurisdictional error, perversity, or material illegality, none of which was established. Tagline Unchallenged rent receipts and credible evidence establish tenancy; High Court will not disturb concurrent factual findings in writ jurisdiction. ORDER; MUHAMMAD AZAM KHAN, J. By way of this common judgment, I intend to dispose of both the titled Writ Petitions filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (hereinafter referred to as the “Constitution”), whereby the Petitioners have challenged the Judgment dated 28.02.2025 (“Impugned Judgment and Decree-I”) passed by the learned Senior Civil Judge-IV/Rent Controller, West-Islamabad, whereby the Eviction Petition filed by Muhammad Mohsin Saud Awan (“Respondent No. 3”), was allowed. The Petitioners have also challenged the Judgment dated 30.06.2025 (“Impugned Judgment and Decree-II”) passed by the learned Additional District Judge, Islamabad-West, whereby the appeal filed by the Petitioners against the Impugned Judgment-I has been dismissed. The brief facts of the case, as per the contents of the Memo of Petition, are that Respondent No. 3 filed an Eviction Petition under Section 17 of the Islamabad Rent Restriction Ordinance, 2001, before the learned Rent Controller West, Islamabad, contending therein that he is the landlord of land measuring 13 Kanal, 15 Marlas, upon which he constructed 18 residential units comprising approximately  92  rooms,  and  the  same  was  leased  to   the Petitioners/Respondents through a verbal…