2011 YLR 765 ISLAMABAD

Full text

Major (Rtd.) NADEEM UDDIN KHALID VS BUSHRA BEGUM 1990 SCMR 544, 1996 SCMR 1178, 2001 SCMR 577, 2003 CLC 917, 2008 SCMR 488, 2009 MLD 955, 2009 SCMR 846, 2009 YLR 2234, Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--21 , Ss. 17 & 21---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenant on ground of personal bona fide use and occupation and expiry of lease agreement---Petition was allowed by the Rent Controller and tenant was directed to hand over the vacant possession to landlords---Ejectment order passed by the Rent Controller had been maintained by Appellate Court---Validity---No evidence was on record to establish that after expiry of lease agreement which was executed for three years, was extended---After expiry of term fixed by lease agreement, tenant had lost right to continue to occupy or hold over premises---Right of landlord, in such circumstances, to seek eviction of tenant on ground as specified in S.17 of Islamabad Rent Restriction Ordinance, 2001, would remain unaffected---Evidence about the personal bona fide use and occupation by landlords had also not been successfully negated---Rent Controller, in circumstances, had no option, but to qualify the landlord for grant of eviction order---Appellate Court also rightly concurred with the findings of Rent Controller and maintained the eviction order---High Court, under its constitutional jurisdiction under Art. 199 could dilate upon strong law points or glaring illegalities only, which were not apparent on the face of record in the case--- Impugned judgments were main¬tained and constitutional petition, was dismissed, in circumstances.