2009 SCMR 846 SUPREME-COURT

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QAISER JAVED MALIK VS PERVAIZ HAMEED Islamabad Rent Restriction Ordinance 2001--17 , Islamabad Rent Restriction Ordinance 2001--6 , Maintainability--TERM , Ss. 6 & 17---Ejectment petition on ground of expiry of term fixed in lease agreement and personal need of premises by landlord---Maintainability---Words "subject to provisions of section 17" as used in S.6 of Islamabad Rent Restriction Ordinance, 2001 signified that provisions of S.17 thereof would continue to apply as grounds for eviction of tenant in addition to a further condition of existence of a valid tenancy agreement---Such words would not affect rights conferred upon parties by S.6 of the Ordinance, but would mean conditional upon observance of provisions of S.17 thereof---After expiry of term fixed by lease agreement, tenant would lose right to continue to occupy or hold over premises---Right of landlord, in such circumstances, to seek eviction of tenant on grounds specified in S.17 of the Ordinance would remain unaffected-Ejectment application was accepted in circumstances---Principles.