| Case ID |
375c1509-127b-4fa6-80fe-3c18b48e2a5a |
| Body |
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| Case Number |
Writ Petition No.416 of 2011 |
| Decision Date |
Feb 14, 2011 |
| Hearing Date |
|
| Decision |
The Writ Petition was dismissed, upholding the judgments of the Rent Controller and Additional District Judge, which had accepted the ejectment application of the landlords. The court found that the tenancy agreement had expired and that the personal bona fide requirement of the landlords was sufficiently established. The court ruled that the dispute regarding ownership of the property between the tenants and the Capital Development Authority was irrelevant to the case at hand. The concurrent findings of the lower courts were deemed to require no interference, confirming the landlords' right to vacate the premises for personal use. |
| Summary |
In the Islamabad High Court case of Writ Petition No.416 of 2011, the court addressed the ejectment of tenants based on the landlords' personal bona fide requirements. The landlords, Muneer Khan and others, filed for eviction against Uzma Ufaq and three others, asserting their right to reclaim the property after the tenancy agreement had expired. The court emphasized the importance of the landlord-tenant relationship, noting that the tenants had failed to challenge the landlords' claims effectively. The court dismissed the petitioners' arguments regarding property ownership disputes with the Capital Development Authority, stating these were irrelevant to the case. The decision reinforces the legal principles governing landlord rights and tenant obligations under the Islamabad Rent Restriction Ordinance and the Constitution of Pakistan. This case serves as a significant reference for issues related to tenant eviction in Pakistan. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ANWAR KHAN KASI, J
|
| Lawyers |
Musharraf Khan
|
| Petitioners |
anothers,
MUNEER KHAN
|
| Respondents |
3 others,
UZMA UFAQ
|
| Citations |
2011 SLD 660,
2011 CLC 846
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Islamabad Rent Restriction Ordinance
|
| Sections |
199,
2(g),
2(j),
17,
21
|