Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 116---Holding over, principle of---Applicability---After expiry of lease period, tenant continuing his possession over the site in dispute and .his status of holding over possession clearly falls within the ambit of S.116 of Transfer of Property Act, 1882. AIR 1919 Oudh 124; Partap Udai Nath SAM Deo and another v. Jagannath Mahto and others AIR 1919 pat. 444; E.W.C. Moore and another v. Makhan Singh AIR 1919 Pat. 254; AIR 1981 Raj. 206; Maganlal Dulabhadas Y. Bhudar Purshottam and others AIR 1927 Bom. 192 and Banwari Lal v. Mt. Hussaini and another AIR 1940 Lah. 410 rel. (b) Transfer of Property Act (IV of 1882)--- ----Ss. 106 & 116---Islamabad Capital Territory---Possession of lessee---Provisions of Transfer of Property Act, 1882---Applicability---Though the provisions of Transfer of Property Act, 1882, are not applicable to Islamabad Capital Territory, but principles of Ss.106 & 116 of Transfer of Property Act, 1882, can be invoked as such provisions are not to be regarded as opposed to principles of equity and good conscience. Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azar International Airport, Karachi and others 1998 SCMR 2268 rel. (c) Islamabad Rent Restriction Ordinance (IV of 2001)- ----S. 17---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Ejectment of lessee---Capital Development Authority leased the disputed plot to its Staff Welfare Committee and the Committee further leased out the plot to appellant initially for thirty years---Appellant constructed petrol pump and Compressed Natural Gas station over the plot---After completion of initial period of thirty years of lease, the authorities, instead of renewing the lease, forcefully dispossessed the appellant---Plea raised by the appellant was that he could not be dispossessed without due process of law---Appellant further contended that Capital Development Authority had renewed the lease in favour of the Committee, therefore, the lease should also be renewed in his favour, who was ready to increase the rent from Rs.1000/- per month to Rs.100,000/- per month---Validity---After allotment of plot on the…

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