Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S. 13---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Contention of tenant was that landlords had no cause of action and no relationship of landlord and tenant existed between the parties---Eviction petition was dismissed by the Rent Controller---Validity---Landlords were not owner of the house in question but another person was the owner of the house---Landlords had pleaded that disputed house was rented out to the tenant in the year 1995 who died in the same year---Eviction petition was filed on 10-3-2011 and till that date landlords were unaware about the death of their tenant---Original owner of disputed house had decree of civil court in her favour---No rent was paid to the landlords by the tenant---Such controversy was within the jurisdiction of civil court and Rent Controller had no jurisdiction to attend the same---Contradictions existed in the evidence of both the parties and defence of tenant was more plausible as compared to the contention of landlords---Impugned order passed by the Rent Controller was unexceptional and did not warrant interference by the High Court---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:---.--- The appellants have assailed the judgment dated 16-11-2012 passed by Judicial Magistrate, VII cum Rent Controller, Quetta, whereby application filed by ( applicants) appellants under section 13 of the Balochistan Urban Rent Restriction Ordinance, VI of 1959 (the "Ordinance") for eviction of respondents had been dismissed. 2. The succinct facts out of which the instant appeal arises are that appellants were claiming ownership over the house bearing No. 5-11/819-5 (the house in question) situated at Motiram Road, Quetta, which was rented out by their predecessor-in-interest to the predecessor-in-interest of the respondents Nos. 1 to 3, against a monthly rent of Rs.1000. But after April, 2007 the rent was not paid by respondents. Since the appellant's present dwelling were not sufficient for their personal bona fide requirements. The respondents…

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