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2011 CLC 846

MUNEER KHAN and another vs UZMA UFAQ and 3 others

Citation2011 CLC 846
CourtIslamabad High Court
Case No.Writ Petition No,416 of 2011
Date2011-02-14
Judge(s)Muhammad Anwar Khan Kasi
ResultPetition dismissed

ORDER

' MUHAMMAD ANWAR KHAN KASI, J.--- This Writ Petition challenges the judgments dated 26-1-2010 and 8-7-2010 passed by learned Rent Controller as well as learned Additional District Judge, Islamabad, respectively, whereby ejectment petition of the respondents Nos.1 and 2 was accepted and ejectment order was upheld by the learned Appellate Court.

2. The petitioners assail the Judgments on the ground that ownership of the property is controversial as the C.D.A. Claims to be the owner and has already cancelled the property from the names of respondents Nos.1 and 2.

3.. Both the courts below after perusal of evidence and on the basis of available record, accepted the eviction application and passed the ejectment order,

4. Admittedly, there exists a tenancy agreement between the parties, which was not extended after its expiry.

5. The petitioners in their written statement before the learned trial Court submitted that respondent No,1 (Haji Muhammad Zahoor)> had been regularly paying the rent to Dr. Zubair Azeem Butt, which means that relationship of landlord and tenant has not been specifically denied.

6. The ejectment petition was filed by the respondents Nos. 1 and 2 who are wife and sister-in-law of Dr. Zubair Azeem Butt, therefore, the eviction peation was maintainable.

7. So far as dispute between the landlord and C.D.A. Is concerned, that has got no relevancy over here as at the most, it can be dispute between a landlord and C.D.A. According to written statement of C.D.A. In inter pleader suit regarding the said shop, status of present petitioners has been questioned by stating that they got no cause of action or locus standi to file the petition. Even otherwise the disputed question of facts and evidence cannot be looked into under the writ jurisdiction of Article 199 of the Constitution.

8. It is an admitted position of law that once a tenant is always a tenant and no contradictory stand can be taken at the same time.

9. Personal bona fide requirements of the respondents Nos. 1 and 2/landlord has not been rebutted through cross-examination and landlords have got every right to get the premises vacated for personal bona fide use.

10. The learned courts below have dilated upon the issues. There are concurrent findings which need no interference in the writ jurisdiction. As such, petition beim devoid of merits, is dismissed in limine.

Cited by 6 cases

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