2016 CLC 1732 ISLAMABAD

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WAHEED AHMED VS BABAR KHAN 1982 SCMR 8, 1985 MLD 1530, 1989 CLC 599, 1989 CLC 604, 1989 CLC 757, 1995 SCMR 194, 1995 SCMR 730, 1999 SCMR 54, 2011 MLD 373, 2012 SCMR 954, 2013 CLC 963, 2015 YLR 2290, 2015 YLR 500, PLD 2007 SC 45, Eviction petition--Term , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---eviction petition---Ejectment of tenant due to structural change in demised premises---Word "impair materially the value or utility of the building" in S.17, Islamabad Rent Restriction Ordinance, 2001---Scope---Ejectment petition was accepted due to structural change by the tenants in the demised premises---Validity---Changes had been made in the demised premises by removing the central wall---Tenants had not given any explanation in favour of structural change in their pleadings---Evasive denial of material question had been taken by the tenants which would amount to admission on their part---Both the courts below had rightly decided the eviction of tenant---Constitutional petition was dismissed in circumstances.