Case Details

Citation(s)
2018 SLG 1469 2018 SLD 1469 2018 YLR 1240
Balochistan High Court
F.A.O. No. 1 of 2016, decision Dated: 16-02-2017. Hearing Date : 16-12-2016.
ZAHEER-UD-DIN KAKAR, JUSTICE
Mushtaq Ahmed Anjum for Appellant. Mumtaz Hussain Baqri and Sabra Islam for
Respondents.

SAIFULLAH

VS

NIAMATULLAH AND 2 OTHERS

Law:

Section:

Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment of tenant---Bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Scope---Landlords were owners of demised premises---Question of title had no relevance in the proceedings before the Rent Controller---Point for determination before the Rent Controller was the relationship of landlord and tenant over the demised premises---Tenant had no right to raise any objection with regard to ownership of landlord---Where tenant had denied the relationship of landlord and tenant and such relationship stood proved, no other course was left for the Rent Controller but to order his eviction---Statement of landlord on oath which was consistent with his averment made in the eviction petition was neither shaken nor there was anything to contradict the same, such statement would be sufficient for acceptance of ejectment application---If landlord failed to get the possession of demised premises within stipulated period or re-let it to some one else within a period provided by law, tenant had right to recover the possession of said premises---No illegality, irregularity, infirmity or perversity was pointed out in the impugned order passed by the Rent Controller---Tenant was granted two months' time to vacate and handover the demised premises to the landlord---Appeal was dismissed in circumstances. Ghulam Samdani v. Abdul Hameed 1992 SCMR 1170; Muhammad Shoaib Alam and others v. Muhammad Iqbal and others 2000 SCMR 903; 1996 SCMR 1178; 1980 SCMR 593; PLD 1982 SC 218 and 2012 SCMR 854 rel. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, JUSTICE:---. Saifullah has filed the instant appeal against the order dated 15th December, 2015 "the impugned order" passed by the Senior Civil Judge-I/Rent Controller, Quetta, whereby the Eviction application filed by the respondents was accepted and the appellant was directed to handover the vacant and peaceful possession of the shop in question to the respondents within a period of thirty days. 2. Precisely stated facts of the present appeal are that the respondents/applicants filed an eviction application against the…
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