2016 MLD 1302 ISLAMABAD

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FARHAD KHAN VS ASAD ZULFIQAR 1991 SCMR 1158, 1992 SCMR 46, 1993 SCMR 200, 1998 SCMR 2525, 2000 SCMR 903, 2001 SCMR 1700, 2004 SCMR 1607, 2007 SCMR 518, 2009 SCMR 1008, 2011 CLC 1844, 2011 YLR 1535, 2012 CLC 179, 2012 CLC 906, 2012 SCMR 1498, 2012 SCMR 854, 2013 CLC 963, 2015 CLC 1204, 2015 CLC 1247, 2015 YLR 2683, PLD 1968 Lah. 20, PLD 2003 SC 277, PLD 2004 SC 682, PLD 2013 Lah. 119, PLD 2013 SC 190, Eviction of tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Islamabad Rent Restriction Ordinance 2001--5 , Ss. 17, 5 & 2 (g)---eviction of tenant---Default in payment of rent---Expiry of lease period---Tenancy agreement being not registered---Effect---eviction petition by the attorney---Scope---Tenancy agreement was required to be in writing and registered---Tenancy agreement in question was not reduced into writing and was not registered---Unregistered tenancy agreement did not create any right or interest in favour of tenant in the demised premises---Expiry of lease period could be a ground for filing an eviction petition---When there was no written rent agreement between the parties then landlord would be at liberty to institute eviction petition at any stage---Unregistered rent agreement could not be accepted in evidence to prove relationship of landlord and tenant---eviction petition could be filed by the duly authorized attorney of landlord---When landlord was reluctant or he refused to accept rent then tenant should lose no time in making an application to the Rent Controller for deposit of rent---Tenant did not make such an application in the present case---Tenant did not deposit enhanced rent in compliance with the order of Rent Controller---Constitutional petition of tenant was dismissed in circumstances.