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2016 CLC 1051 ISLAMABAD

ICT · 2016

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NADEEM RAZA ABBASI VS Sardar ABU BAKAR 1980 SCMR 41, 1983 CLC 2045, 1983 SCMR 1227, 1987 SCMR 2074, 1989 MLD 1174, 2008 CLC 650, 2009 SCMR 846, 2013 SCMR 314, 2015 SCMR 832, Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , Lease agreement--Rule , Ss. 17 & 6---Ejectment of tenant---Lease agreement---Plea of reconstruction of premises---Scope---Relationship of landlord and tenant would be governed by terms and conditions set in the lease agreement---Such relationship would come to an end with non-existence of contractual obligations---Occupation of premises by the tenant would not only depend upon payment of rent but also upon the period mentioned in lease agreement or extension agreement---Tenancy would not remain valid upon lapse of period mentioned in lease agreement---Nothing was on record that lease agreement had been extended between the parties in the present case---Mere payment of rent would not reflect extension of lease agreement---eviction petition was maintainable on sole ground of expiry of tenancy---eviction could be ordered on the ground of requirement for reconstruction of demised premises---Tenant was directed to handover possession of demised premises to the landlord within 30 days---Constitutional petition was dismissed in circumstances.