2021 YLR 2092 ISLAMABAD

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KHURSHEED AHMED VS RENT CONTROLLER, ISLAMABAD (WEST) Ss. 17 & 11---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---eviction of tenant---Personal bona fide need of landlord---Payment of premium/"Pagri" by the tenant to previous landlord--- Tenant moved application before the Rent Controller seeking grant of stay of eviction proceedings which application was dismissed---Petitioner/tenant assailed order of refusal of stay of eviction proceedings contending that the respondent (eviction petitioner/ subsequent landlord of the demised property) could not terminate tenancy agreement as the tenant had deposited considerable amount regarding Premium/ "Pagri" and he wanted to purchase demised property---Held, that payment of premium/"Pagri" could not operate as obstacle against the right of landlord/ respondent to use his own property when genuinely required---No illegality or infirmity was found in the impugned order of rejecting the application for stay of eviction proceedings passed by the Rent Controller---Constitutional petition was dismissed, in circumstances.