2005 CLC 1119 LAHORE-HIGH-COURT-LAHORE

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Mst. MUNAWAR SULTANA VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--6 , -Ss. 6, 17 & 2(j)---Constitution of Pakistan (1973), Art. 199--¬Constitutional petition---Landlord moved eviction application against the tenant from house and averred in the plaint that the house in question was leased to the tenant for two years by an agreement and tenancy had expired two years before; that tenant was served a notice requiring him to vacate the demised premises; that the tenant was also a defaulter in the payment of rental and utility bills and that the premises was required for personal bona fide need----Validity---Held, ejectment of tenant (as defined in S.2(j) of the Ordinance) could be sought only on the grounds given in S.17, Islamabad Rent Restriction Ordinance, 2001 and there was nothing in S.17 to show that the tenant could be ordered to be ejected from a residential building merely on the ground of expiry of the lease period--¬Section 6 of the Ordinance was not an overriding section and it was subject to S.17 of the Ordinance---Tenant will continue to fall within the definition of "Tenant" who continued to remain in possession even after the termination of tenancy---After the expiry of the agreed period between the landlord and tenant the tenancy was not valid and the same would not be governed by the terms and conditions of the previous tenancy agreement but it did not mean that a tenant who continued to be in possession or occupation after the expiry of the period will be subjected to ejectment on the ground which did not find mention in S.17 of the Ordinance---Ejectment of the tenant could be sought only on the grounds enumerated in S.17 of the Ordinance---Principles---Impugned order of ejectment of tenant was declared to be without lawful authority and of no legal effect, resultantly the eviction application of the landlord stood dismissed.