Law: Gilgit Baltistan Rented Premises Act, (VI of 2010)

Section: 13,13(3)

(a) Gilgit Baltistan Rented Premises Act (VI of 2010)--- ----S. 13---Ejectment petition---Personal bona fide need of landlord---Availability of alternate land---Scope---Landlord filed ejectment petition claiming that rented premises was required for use and occupation of his son as he was jobless---Rent Controller dismissed the ejectment petition---Appellate Court allowed the appeal and directed the tenant to vacate the rented premises--- Validity--- Landlord was required to produce either oral or documentary evidence to substantiate his claim--- Landlord failed to prove his claim/plea taken in the ejectment petition and had simply recorded his own statement before Rent Controller, hence his case was without evidence---Onus to prove his personal bona fide need was on the landlord--- Landlord had to prove his case on its own strength by producing cogent evidence and had no right to claim that his suit might be decreed on the weakness of opposite party in the suit---Landlord had, in addition to the disputed shop, two other shops adjacent to it and another shop had already been vacated by the tenant during pendency of litigation---Landlord could establish business of his son in the aforesaid vacated shop---Judgment and decree passed by Appellate Court was set aside and that of Rent Controller was restored---Appeal was allowed, in circumstances. (b) Administration of justice--- ----Party has to prove his case on its own strength/footing by producing cogent evidence and has no right to claim that his suit may be decreed on the weakness of opposite party/defendant in the suit. 2004 CLC 1847 fol. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- This civil second rent appeal under section 15(6) of Gilgit-Baltistan Rented Premises Act 2010 has been preferred against the impugned judgment/decree dated 28.11.2017, passed by the learned District Judge Ghizer, whereby the learned Ist Appellate Court has accepted the petition of the present respondent/petitioner filed under section 13(3) of Gilgit-Baltistan Rented Premises Act 2010, by allowing first rent appeal of the present respondent/ petitioner. 2. Succinctly, facts of the case necessary for disposal of this appeal are that…

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