MUHAMMAD NAVEED AWAN vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) Ss — 2026 CLC 104 ISLAMABAD

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MUHAMMAD NAVEED AWAN VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) Ss.17 & 19---Constitution of Pakistan, Art. 199---Ejectment petition---Change/transfer of ownership---Effect---Subsequent / new owner instituting ejectment proceedings---Relationship of landlord and tenant, denial of---Once a tenant, always a tenant---Principle---Mere transfer of ownership does not alter the status of the tenancy nor creates a fresh tenancy---'Undertaking' given by petitioner's (tenant's) counsel to vacate the premises---Significance---Consequence of non-compliance stated---The issue in the present case centered on the legality of an eviction order passed against the petitioner (tenant) after a long-standing tenancy---The petitioner had entered into lease agreements with the original landlady, regularly paid rent without default, and even verbally extended tenancy beyond the written lease period---Later, Respondents Nos. 3 to 5 (new owners) claimed ownership of the premises after atransfer of title and filed an ejectment petition---The petitioner challenged the same, arguing that no mandatory notice of change of ownership under S.19 of the Islamabad Rent Restriction Ordinance, 2001 (the Ordinance 2001) was served; that the relationship of landlord and tenant with Respondents Nos. 3 to 5 (new owners) never legally existed, and that eviction was ordered without proper recording of evidence---The dispute thus revolved around "whether the eviction order was lawful in light of the alleged ownership transfer and absence of statutory notice"?---Held: Admittedly petitioner (tenant) originally entered the demised premises as tenant under the previous landlord---Upon the transfer of title, the private respondents (new landlord), being successors-in-interest, stepped into the shoes of the original landlord---Principle "once a tenant, always a tenant," was attracted in the present case and the mere transfer of ownership, did not alter the status of the tenancy nor created a fresh tenancy in favour of the new landlord---Furthermore, it had been the consistent view of the superior courts that a tenant was not entitled to challenge the title of the landlord unless and until he first surrendered possession of the tenanted premises---Moreover, petitioner's counsel gave an undertaking before the High Court that demises premises would be handed over to the new owners within four months which undertaking was not complied with---Undertaking recorded by the court carried the force of an order and breach thereof could entail penal consequences, including proceedings for contempt of court---With regards to the requirement of issuing statutory notice under S.19 of the Ordinance 2001, mere filing of the ejectment petition itself constituted sufficient notice to the tenant, therefore, there was no formal requirement to issue notice---Invocation of Art. 199 of the Constitution in the present case was wholly misconceived and not maintainable---Present petition was dismissed, in circumstances.

MUHAMMAD NAVEED AWAN vs ADDITIONAL DISTRICT JUDGE, ISLAMABAD (WEST) Ss — 2026 CLC 104 ISLAMABAD

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