2005 MLD 1493 LAHORE-HIGH-COURT-LAHORE

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AMIR AKBAR KHAN VS IRSHAD AHMED KHOKHAR 1987 SCMR 307, PLD 1987 Kar. 16, Constitution of Pakistan 1973--199 , Islamabad Rent Restriction Ordinance 2001--11 , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , ---Ss. 11, 17 & 6---Constitution Pakistan (1973), Art.199--- Constitutional petition---Ejectment of tenant was sought on the grounds of personal bona fide need, default, sub-leasing and damage to the property---Contention of the tenant was that he had entered into the possession of the shops by paying a considerable amount as "Pagri" and thus provisions of Islamabad Rent Restriction Ordinance, 2001 could not be utilized to the benefits of landlord---Validity---Record had not proved that the tenant had paid amount of "Pagri" to the landlord---Provision of S.6, Islamabad Rent Restriction Ordinance, 2001 contemplated that landlord was not to claim any amount in excess of fair rent---Plea that landlord' having received amount as "Pagri" at time of letting out shop to tenant, was debarred from seeking ejectment was repelled for that being a mutual arrangement between the parties would not debar landlord from instituting eviction proceedings on ground of bona fide personal need.