Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Ejectment of tenant---Default in payment of rent---Personal bona fide need of landlord---Denial of relationship of landlord and tenant by the tenant---Scope---Where relationship of landlord and tenant was in issue, Rent Controller would not resolve the remaining issues---Title of landlords was shrouded in mystery who were neither in possession nor the recorded owners of shop in question---Both the parties were in litigation with regard to title of the properties---Civil suit was pending before the court of competent jurisdiction and landlords had themselves chosen to take recourse to the civil court for determination of their title---Question of title over shop in question could not be decided before the forum of Rent Controller---Proper course for the landlords was to wait for the final adjudication of civil litigation pending between them---Findings of Rent Controller with regard to relationship of landlord and tenant were well reasoned---No relationship of landlord and tenant existed between the parties---Appeal of landlords was dismissed in circumstances. Rehmatullah v Ali Muhammad 1983 SCMR 1064; Aadil Nadeem Rizvi v Gohar Siddique 2004 SCMR 738 and Province of Punjab v Mufti Abdul Ghani PLD 1985 SC 1 rel. JUDGMENT MUHAMMAD KAMRAN KHAN MULAKHAIL, J.---This appeal is directed against the judgment dated 28-9-2012 passed by the learned Civil Judge-VII-cum-Rent Controller Quetta in Eviction Application No.1 of 2010, whereby the eviction application filed by the applicants (hereinafter "the appellants") was dismissed. 2. Briefly the facts as narrated in the Eviction Application are that the predecessor-in-interest of the appellants was the owner of property bearing Khasra No.14, Ward No.57 Tappa Urban Quetta Tehsil and District, Quetta and a building namely Bombay Shopping Centre was constructed thereon, wherein one of the shops (hereinafter "the shop in question") was rented out to the respondent No.1 at a monthly rent of Rs. 350, which was payable on first day of every succeeding month. It was averted that the respondent No.1 committed a default in respect of payment of monthly rent and…

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