2017 CLC 1043 ISLAMABAD

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KHUSHNOOD AHMAD VS ADDITIONAL DISTRICT JUDGE, ISLAMABAD 1974 SCMR 279, 1983 SCMR 1064, 1992 SCMR 46, 1997 SCMR 1185, 1998 SCMR 2525, 2000 MLD 82, 2001 SCMR 1434, 2001 SCMR 1700, 2002 CLC 1686, 2004 CLC 862, 2004 SCMR 711, 2006 SCMR 1068, 2006 SCMR 152, 2008 CLC 1666, 2010 MLD 1354, 2011 SCMR 320, 2012 CLC 939, 2012 YLR 1598, 2013 YLR 1881, 2013 YLR 1898, 2013 YLR 2526, 2015 CLC 107, 2016 CLC 1451, PLD 1991 SC 242, PLD 1999 SC 1101, PLD 2005 SC 455, PLD 2013 SC 775, Agreement to Sell--TERM , Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--28 , Islamabad Rent Restriction Ordinance 2001--5 , Relationship of landlord and tenant--Term , Requirements--Term , Tenancy agreement--Term , Ss. 17, 5 & 28---eviction of tenant---Relationship of landlord and tenant---Tenancy agreement---Requirements---Agreement to sell---Effect---Contention of tenant was that there was agreement to sell between the parties and he was in possession on the demised premises being owner and had filed suit for specific performance---eviction petition was accepted concurrently---Validity---No one could remain in occupation of rental premises on the ground that he had instituted a suit for specific performance or declaration---Tenant had not paid any rent which was sufficient reason for his eviction from the premises---Tenancy agreement had to be in writing---Section 5 of Islamabad Rent Restriction Ordinance, 2001 did not take the matter out of jurisdiction of Rent Controller if rent agreement was not in writing---Discretionary power not to be exercised in favour of a person who had not come to the court with clean hands---One who had sought equity must come with clean hands---High Court under Art.199 of the Constitution could not interfere with the findings of Rent Controller merely on the ground that more than one view was possible and weigh the evidence led before the Rent Controller---Finding of facts could not be challenged on the ground that relevant material and evidence adduced before the Rent Controller was insufficient or inadequate to sustain the findings recorded by the Rent Controller---Such a Tribunal was not bound by strict rules of evidence---High Court could interfere with the findings of Rent Controller if same were perverse or irrational or arrived at by ignoring materials on record or arbitrary or contrary to the principles of natural justice---No perversity, irrationality or violation of principles of natural justice were pointed out in the proceedings recorded by the courts below---Constitutional petition was dismissed in circumstances.