| Case ID |
1a12b7d2-04ef-4b27-805b-b0aa1a364ae4 |
| Body |
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| Case Number |
Writ Petition No. 2742 of 2018 |
| Decision Date |
Aug 02, 2019 |
| Hearing Date |
Jun 10, 2019 |
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Yasin Khan, challenging the judgment and decree of the Additional District Judge, which had upheld the dismissal of his eviction petition against Muhammad Ayyaz Gondal. The court found that the Rent Controller lacked jurisdiction to evict a person who was not a tenant, and the petitioner failed to establish the existence of a landlord-tenant relationship. There was no written lease agreement and the petitioner could not prove that any rent was paid by the respondent, thus confirming the lower courts' decisions. |
| Summary |
This case revolves around the dismissal of an eviction petition under the Islamabad Rent Restriction Ordinance, 2001. The petitioner, Yasin Khan, sought to evict Muhammad Ayyaz Gondal, claiming non-payment of rent and his bona fide need for the premises. However, the courts ruled that there was no established landlord-tenant relationship as the petitioner failed to provide evidence of rent payments or a lease agreement. The court emphasized that eviction proceedings under the ordinance can only proceed if such a relationship is proven. The case also highlights the jurisdictional limits of the Rent Controller concerning disputes over property titles. The decision underscores the importance of clear documentation in landlord-tenant relationships and the necessity for landlords to substantiate claims of tenancy to initiate eviction proceedings effectively. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MIANGUL HASSAN AURANGZEB
|
| Lawyers |
Sardar Anzar Iqbal Khan,
Muhammad Ayyaz Gondal
|
| Petitioners |
Yasin Khan
|
| Respondents |
ADDITIONAL DISTRICT JUDGE NO.VII, DISTRICT JUDGE WEST, ISLAMABAD,
Muhammad Ayyaz Gondal No.3
|
| Citations |
2019 SLD 3170,
2019 YLR 2894
|
| Other Citations |
Shaukat Ali v. Muhammad Bashir 2017 CLC 158,
Ahmed Yar v. Additional District Judge 2015 YLR 2476,
Fareed ud Din Masood v. Additional District Judge, Bahawalpur 2019 SCMR 842,
Nasira Afridi v. Muhammad Akbar 2015 MLD 171
|
| Laws Involved |
Islamabad Rent Restriction Ordinance, 2001
|
| Sections |
17
|