2011 PLD 14 ISLAMABAD

Full text

LIAQUAT ALI VS ADDITIONAL SESSIONS JUDGE, ISLAMABAD 1968 SCMR 734, 1986 CLC 1378, 1990 MLD 2217, 1994 SCMR 1507, 2005 CLC 792, Constitutional petition--TERM , Ejectment of Tenant--TERM , Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--2 , Ss. 2(g) & 17(9)---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Striking off defence---Default in payment of monthly rent---Tenancy was established through attorney of landlady but after revoking of power of attorney, the tenant did not pay any rent to landlady---Rent Controller struck off the defence of tenant and passed eviction order in favour of landlady, which order was maintained by Lower Appellate Court---Validity---Very basis of lease agreement was revoked on 7-8-2006 and thereafter, rent of the premises was required to be paid by tenant to landlady---On non-payment of rent to landlady, Rent Controller rightly passed the order for eviction of tenant in accordance with S.17(9) of Islamabad Rent Restriction Ordinance, 2001---Demised shop was not leased out by landlady to the tenant and no written consent of landlady was also available on record, in order to maintain the tenancy in favour of tenant---As the demised shop was not rented out by the landlady to the tenant, therefore, the tenant could not seek any relief on the basis of the tenancy executed by a person who, prima facie, was not the landlord of demised shop---High Court declined to interfere in the concurrent findings of facts of two courts below which were arrived at after proper appreciation of material available on record---Petition was dismissed in circumstances.