2023 CLC 207 ISLAMABAD

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Miss MEMOONA ZAINAB KAZMI VS ADDITIONAL DISTRICT JUDGE (MCAC) ISLAMABAD WEST, ISLAMABAD S.16A---eviction---Tenant taking defense of goodwill---Terms "goodwill" and "pagri"---Definition and legal value of----Concept of goodwill had not been explained in the Islamabad Rent Restriction Ordinance, 2001 or the Islamabad Rent Restriction (Amendment) Act, 2021---Goodwill of a business was something such as its good reputation, which would increase the value of the business---Such was a business reputation/patronage/other intangible assets, which were considered when appraising the business, especially for purchase; the ability to earn income in excess of the income that would be expected from the business view as a mere collection of assets---Term "good will" had been equalized by the superior Courts with the term "Pagri" which was not recognized by law---Payment of Pagri not forming terms/conditions of tenancy and being contrary to public policy and any supra contractual arrangement, which negated tenancy could not affect maintainability of eviction proceedings---Landlord was not debarred from seeking eviction of the tenant despite receiving the goodwill or Pagri.