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2013 CLC 1077 ISLAMABAD

ICT · 2013

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FARRUKH ZIA VS Mst. BUSHRA BEGUM Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , S. 17---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant on grounds of bona fide personal need of landlord and expiry of lease agreement---Ejectment petition was allowed, concurrently---Contention of tenant (petitioner) was that lease agreement between the parties had not expired and had been extended for five years---Validity---No evidence was on record to establish that the lease agreement had expired---After expiration of term fixed by lease agreement, tenant would lose the right to continue to occupy or hold over premises---Right of landlord, in such circumstance, to seek eviction of tenant on grounds specified in S.17 of the Islamabad Rent Restriction Ordinance, 2001 would remain unaffected---Evidence about the bona fide personal need of landlord had not been negated successfully by the tenant, therefore, findings of courts below were correct---Constitutional petition, being without merit, was dismissed, in circumstances.