2019 MLD 590 ISLAMABAD

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SHUJA AHMED VS ADDITIONAL DISTRICT JUDGE (WEST), ISLAMABAD Ss. 17, 24 & 25 (3)---Islamabad Residential Sectors Zoning (Building Control) Regulations, 2005, Cl. 2.17.3---Capital Development Authority Ordinance (XXIII of 1960), S. 49-C---Ejectment of tenant---Lease agreement, violation of---Expression "inquiry"---Scope---eviction petition was moved on the ground of violation of lease agreement but same was dismissed---Validity---Relationship of landlord and tenant between the parties and lease agreement had been admitted---Tenant was running school in the demised premises in violation of lease agreement---Courts below were to consider each and every document brought on record while holding an inquiry---Oral evidence could not exclude the documentary evidence---Tenant had acknowledged the general terms of lease agreement except the usage of premises---Rent Controller had to decide the matter within four months and it was not required to frame issues and record evidence in every case in the eviction proceedings---Capital Development Authority had imposed fine upon the landlord for non-confirming use of the demised premises---Courts below were to afford due opportunity of hearing to the parties while holding inquiry in the matter---If S.17 of Islamabad Rent Restriction Ordinance, 2001 was attracted in the matter then judgment in summary manner was to be passed as in the cases of default or expiry of lease---Tenant had indulged in the activities which were causing nuisance to the neighbour---Demised premises could be used for the purpose of living and not to run any commercial activity---Commercial usage of residential buildings was illegal and no premium could be given to any tenant to enjoy such illegality under the garb that landlord had permitted him to use the same---Findings recorded by the Courts below were against the law---Impugned judgments and decrees passed by the Courts below were set aside and eviction petition was allowed---Appeal was accepted, in circumstances.