2022 YLR 1972 ISLAMABAD

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MUHAMMAD IQBAL QURESHI VS RENT CONTROLLER, ISLAMABAD-WEST S. 17---eviction of tenant---Expiry of lease agreement---Scope---Respondent filed ejectment petition under S. 17 of the Islamabad Rent Restriction Ordinance, 2001 seeking eviction of petitioner on the ground of rent default, personal bona fide need and breach of lease agreement---Petitioner was proceeded against ex parte and he was directed to vacate the rented premises---Petitioner filed application under S. 12(2), C.P.C., for setting aside ex parte judgment and decree---Rent Controller dismissed the application---Validity---Relationship of landlord and tenant pursuant to agreement was an admitted fact---Petitioner had obtained rented premises on lease for a period of 2 years and it was stipulated in the agreement that after the expiry of two years, the parties by mutual understanding shall make fresh agreement---Agreement by itself had not bound the parties to enter into fresh agreement by operation of any of its clause rather it was made subject to mutual understanding of the parties, therefore, the contention that the parties were bound to re-new the agreement as word 'shall' had been used in the relevant clause, was result of misconception as 'shall' was to be read in conjunction with the words 'mutual understanding' and not in isolation---Pre-requisite in respect of issuance of one month's notice had also been complied with by the respondent as revealed through copy of notice and courier receipt---Petitioner had been served through personal service which was established through his signatures upon reverse of notice---No justification existed to interfere in the impugned order---Constitutional petition was dismissed.