| Case ID |
1b6eea3a-c823-468a-8eff-a94301e4ae7c |
| Body |
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| Case Number |
Writ Petition No. 4834 of 2010 |
| Decision Date |
Jan 24, 2011 |
| Hearing Date |
|
| Decision |
The Islamabad High Court upheld the decision of the Rent Controller, which had ordered the ejectment of the tenant on the grounds of personal bona fide use and occupation by the landlords as well as the expiry of the lease agreement. The court found no evidence on record to support the claim that the lease had been extended beyond its original term. The appeal was dismissed, maintaining the eviction order as the tenant had lost the right to occupy the premises after the lease expired. |
| Summary |
This case revolves around the eviction of a tenant under the Islamabad Rent Restriction Ordinance, 2001. The landlords sought the eviction based on personal bona fide use of the property and the expiration of the lease agreement. The court analyzed the evidence presented and found that the lease had not been extended, thereby affirming the landlords' right to evict the tenant. The High Court's decision emphasizes the importance of adhering to the terms of lease agreements and the landlords' rights to reclaim their property for personal use. Keywords include eviction, Islamabad Rent Restriction Ordinance, personal bona fide use, lease agreement expiration, and constitutional jurisdiction. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ANWAR KHAN KASI, J
|
| Lawyers |
Sardar Tariq Mehmood,
Ch. Azmat Ullah
|
| Petitioners |
Major (Rtd.) NADEEM UDDIN KHALID
|
| Respondents |
3 others,
BUSHRA BEGUM
|
| Citations |
2011 SLD 2173,
2011 YLR 765
|
| Other Citations |
1990 SCMR 544,
2009 MLD 955,
2008 SCMR 488,
2001 SCMR 1493,
2009 YLR 2234,
2001 SCMR 577,
1996 SCMR 1178,
2009 SCMR 846,
2003 CLC 917,
2009 SCMR 844
|
| Laws Involved |
Islamabad Rent Restriction Ordinance, 2001,
Constitution of Pakistan
|
| Sections |
17,
21,
199
|