Law: Islamabad Rent Restriction Ordinance, 2001

Section: 17(2)(ii)(b)

Summary The landlord filed an ejectment petition after purchasing the rented premises, claiming that the written lease agreement had expired and the tenant failed to vacate despite notice. The tenant admitted the tenancy but claimed that the previous owner had verbally extended the lease until 31 December 2023. The Islamabad High Court held that a verbal assertion is not "express consent" required for extension of tenancy. Since the written lease had expired and no express consent was proved, the eviction order was upheld. Legal Core Points Issue: Whether a verbal extension of tenancy could defeat an eviction petition after expiry of the written lease. Key Law: Section 17(2)(ii)(b) and Section 17(8) of the Islamabad Rent Restriction Ordinance, 2001. Leading Case: Waqar Zafar Bakhtawari (PLD 2018 SC 81). Principle: After expiry of a lease, continuation of tenancy requires the landlord's express, positive, direct, and unequivocal consent. A mere oral claim is insufficient. Reasoning: The tenant admitted the lease had expired but failed to prove any express consent for its extension. Held: The landlord was entitled to eviction under Section 17(2)(ii)(b). Outcome: Writ petition dismissed in limine; eviction orders of the Rent Controller and Appellate Court upheld.         ORDER SHEET The instant writ petition is arising out of order, judgment and decree dated 21.12.2021 and 07.04.2022, passed by the Rent Controller and Additional District Judge, Islamabad-West respectively, whereby ejectment petition filed by the respondent No.1 (“landlord”) was allowed while the appeal against the orders was dismissed.  2- Precisely, relevant facts are that respondent No.1 (Shan Ahmad Qureshi) filed ejectment petition under Section 17 of the Islamabad Rent Restriction Ordinance, 2001 (“Ordinance 2001”) for eviction of the petitioner-tenant from Basement No.4-A constructed over plot No.08-A, Pothohar Plaza, Blue Area, Fazal-e-Haq Road, Islamabad (rented premises) on the ground that he purchased the rented premises from Ch. Tariq Mehmood vide registered sale deed No. 3867, dated 29.06.2021. The previous owner rented out…