2020 CLC 249 ISLAMABAD

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JAHANGIR HUSSAIN VS NEGHAT REHMAN Ss. 17 & 2(g)---eviction petition by co-owner---Maintainability---Personal bona fide need of one of the landlords---Effect---Petition for eviction by co-owner was dismissed by the Courts below without recording evidence---Validity---Co-owner of rented premises had right to file eviction petition---Mere execution of lease deed by one of the co-owners by itself did not deprive the remaining co-owners of their legal right which accrued through operation of law---eviction petition by the co-owner who had not executed lease deed was maintainable---Personal bona fide need of one of the landlords could be a valid ground for filing eviction petition---Tenant was bound to pay rent to the landlords in proportion to their respective shares in the demised premises unless the landlords had authorized one amongst them or a third party/attorney to receive rent---Impugned orders passed by the Courts below were set aside and matter was remanded to the Rent Controller for decision in accordance with law---Constitutional petition was allowed, in circumstances.