2020 YLR 932 ISLAMABAD

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MUHAMMAD AZHAR VS ADDITIONAL DISTRICT JUDGE-VII, WEST, ISLAMABAD S. 17---eviction of tenant---Bona fide need of landlord---eviction through attorney---Periodic tenancy---Petitioners were co-owners of property who filed for eviction of respondents for bona fide personal need---Contention of respondents was that they were not tenants under petitioners and that eviction was not filed properly---Rent Controller allowed eviction but Lower Appellate Court denied the same---Validity---Where there was admission of relationship and it was in specific words, same was an admission of fact---Rent Controller and Lower Appellate Court rightly observed that respondents were tenants under the petitioners---Parties failed to produce original lease agreement but otherwise relationship was admitted---Tenancy could be treated as periodic based on frequency with which tenants paid rent---If landlord filed eviction application in such tenancies that application, meant that tenancy stood expired as landlord did not wish to continue with same---Expiry of lease was a valid ground for eviction of tenant under Islamabad Rent Restriction Ordinance, 2001---Personal bona fide need was a valid ground and also petitioners were well within their rights as co-owners in property to file an eviction application and same did not have to be filed by owners of property---High Court allowed eviction application filed by petitioners on grounds of personal bona fide need and expiry of lease agreement---High Court directed respon-dents to vacate premises---Constitutional petition was disposed of accordingly.