| Case ID |
ed9925cd-5287-46d7-8e1d-02bffb5ac43e |
| Body |
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| Case Number |
W.P.s Nos. 317 and 357 of 2010 |
| Decision Date |
Mar 31, 2011 |
| Hearing Date |
Mar 31, 2011 |
| Decision |
The Islamabad High Court dismissed both writ petitions, affirming the eviction orders against the tenants based on the failure to pay rent and the lack of legal standing of the tenants to contest the eviction. The court highlighted that the tenancy agreements executed by Liaquat Ali were invalid due to the revocation of the power of attorney, thus leaving the tenants in unauthorized possession. The court maintained that the proper legal procedures were followed in the eviction process and that the concurrent findings of the lower courts were upheld. |
| Summary |
In the case of W.P.s Nos. 317 and 357 of 2010, the Islamabad High Court addressed the issue of tenancy and eviction under the Islamabad Rent Restriction Ordinance (IV of 2001). The case revolved around the eviction of tenants for defaulting on rent payments and the legal authority of the landlords and their attorney. The court examined the validity of the lease agreements executed by Liaquat Ali, who claimed to be a co-owner of the property. However, the court found that the power of attorney had been revoked prior to the lease agreements, rendering them invalid. The decision emphasized the importance of legal standing in tenancy matters and the necessity for proper consent from landlords for lease agreements. The court ultimately dismissed the petitions, reinforcing the legal framework governing landlord-tenant relationships and the enforcement of eviction orders. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
IQBAL HAMEED-UR-RAHMAN, CHIEF JUSTICE,
LIAQUAT ALI
|
| Lawyers |
Muhammad Umer Riaz,
Mrs. Robina Shaheen,
Shahzad Shaukat
|
| Petitioners |
Muhammad Imran,
Liaquat Ali
|
| Respondents |
Shahzad Shaukat,
Muhammad Umer Riaz,
Mrs. Robina Shaheen,
ADDITIONAL SESSIONS JUDGE, ISLAMABAD,
Mrs. Rehana Syed,
Naseem Khan
|
| Citations |
2011 SLD 1117,
2011 PLD 14
|
| Other Citations |
2005 CLC 792,
1990 MLD 2217,
2009 SCMR 893,
1994 SCMR 1507,
PLD 1971 Quetta-10,
1968 SCMR 734,
1986 CLC 1378,
2009 SCMR 837,
Khuda Bakhsh v. Muhammad Sharif 1974 SCMR 279,
Messrs Noorani Travels, Karachi v. Muhammad Hanif and others 2008 SCMR 1395,
Taj Muhammad and others v. Ali Hassan Manghi and others 1987 SCMR 565
|
| Laws Involved |
Islamabad Rent Restriction Ordinance (IV of 2001),
Constitution of Pakistan, 1973,
Civil Procedure Code (V of 1908)
|
| Sections |
2(g),
17(9),
199,
O.I,R.10
|