Law:

Section:

(a) Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss.13, 13A, 14---Personal bona fide need of landlord---Eviction application filed by appellant with averments that he was a lawful owner of commercial property (two shops with front-seat/platform); that respondents were tenants of previous owners; that one respondent sublet the platform of said shops without owners permission/consent; that sub-tenants also failed to tender rent to the appellant; that appellant was unemployed and wanted to start his business in said shops; that he approached/appraised the respondents to vacate possession of said shops, followed by legal notice but with no response---Eviction Application was dismissed by Rent Controller---Validity---In previous round of litigation, first eviction application was disposed of on compromise; and second application was dismissed by Rent Controller mainly on ground that shops were required for personal/bona fide use of appellant (previous owners brother)--Appellant through oral/documentary evidence proved that he was the legal/lawful owner of shops in dispute, required for his personal/bona fide use/occupation, moreover he had no other shop in same vicinity---Rent Controller failed to appreciate the oral and unrebutted documentary evidence and reached wrong conclusion which caused miscarriage of justice---Appellant himself appeared before Rent Controller and was subjected to cross-examination---Person who was the most relevant to prove personal requirement was the landlord himself, and none else could effectively testify to that…

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