2016 CLC 474 ISLAMABAD

Full text

NADEEM YOUNAS VS ADDITIONAL DISTRICT JUDGE 1986 SCMR 751, 1988 SCMR 775, 1990 MLD 2300, 1990 MLD 2356, 1991 CLC 1134, 1991 SCMR 1185, 1992 SCMR 871, 2000 SCMR 632, 2005 CLC 1119, 2009 SCMR 846, Default in payment of rent--Term , Ejectment of tenant--Term , Islamabad Rent Restriction Ordinance 2001--17 , Lease agreement--Rule , S. 17---Ejectment of tenant---Default in payment of rent---Defect in title document of landlord---Effect---Change of ownership---Notice to the tenant---Lease agreement---Scope---Tenant failed to produce defence evidence and his right to produce evidence was closed---eviction petition was accepted concurrently---Validity---No adverse claim with regard to title of demised premises on behalf of tenant was on record---Status of a person would become that of a tenant in absence of adverse claim of title---Relationship of landlord and tenant had been established on record---Mere non-production of lease agreement with the previous owner could not be termed fatal to the case of landlord---Tenant had not tendered rent either in the court or to the previous owner of demised premises---Tenant had no concern with the defect or verification of title document of demised premises---Even defective title of landlord did not entitle the tenant to evade payment of rent---Tenant could not ask for inspection of title document of demised premises---Filing of eviction petition was sufficient notice to the tenant---Tenant had committed wilful default in payment of rent---No interference was warranted in the impugned order passed by the Appellate Court---Tenant had not approached High Court with clean hands---Conduct of tenant remained dubious from the very inception of the case and he played hide and seek with the judicial procedure---Constitutional petition was dismissed with special cost of Rs.10,000/- in circumstances.