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---Specific Relief Act ( I of 1877 ), Ss. 42, 39, 54 & 56---Suit for declaration, cancellation, permanent injunction and mandatory injunction filed by the tenant---eviction petition filed by the subsequent landlord on basis of personal bona fide need---Payment of premium/ "Pagri" by the tenant to previous landlord---Tenant moved application before the Rent Controller seeking stay of eviction proceedings which application was dismissed---Petitioner/ tenant assailed order of refusal of temporary injunction contending that admission of receipt of "pagri" was a charge/claim created in his favour and unless the claim was settled in a civil suit filed by him, the eviction would be unlawful---Held, that contention of the petitioner was not convincing as alleged charge did not confer the rights of ownership upon him who shall remain a tenant; and could only claim his amount paid as "pagri" as per terms and conditions of agreement but could not force the owner to sell his(owner's) property for the reason that he had paid a considerable amount as "pagri"---Suit filed by the tenant and eviction petition filed by present landlord were all together separate, different and distinct proceedings for resolving the disputes falling in the jurisdiction of respective statutes---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.