Law: Balochistan Urban Rent Restriction Ordinance, 1959

Section: 15

Law: Civil Procedure Code (V of 1908)

Section: 96

Balochistan Urban Rent Restriction Ordinance, 1959 (VI of 1959) -- ----S. 15--Civil Procedure Code, (V of 1908), S. 96--Eviction application--Allowed--Rent agreement--Reconstruction of shops--Grounds for eviction--Relationship between landlords and tenant--Right of property--Right of ownership--Direction to produced approved site plan and building permit which is a strong corroborative piece of evidence in support of its claim for personal bona fide requirements--Two vacant shops are already in exclusive possession of respondent--It is in-conceivable and hard to believe that eviction application filed by petitioner on ground of reconstruction was based on mala fides as they have to demolish not only three shops in dispute which are in possession of appellants but also other portions of building including vacant shops in possession of respondent-Respondent Adduced cogent, correct and worthy of credence evidence to substantiate their version--It is well-settled by now that where statement of landlord on oath was quite consistent with his averment made in ejectment applications, neither his statement was shaken nor anything was brought in evidence to contradict statement that would be considered sufficient for acceptance of ejectment application--Under provisions of Articles 23 and 24 of Constitution of Islamic Republic of Pakistan, 1973, right of property being a fundamental right is protected--Right of ownership is superior to right of tenancy, being inferior of status regarding utilization of shops in question, cannot determine sufficiency or insufficiency--Findings of Rent Controller regarding personal requirement of respondent are based on elaborate, careful and correct appraisal of evidence and do not suffer from any misreading of evidence--Appeal dismissed. 1997 SCMR 1062 ref. JUDGMENT Through this appeal filed under Section 15 of Balochistan Urban Rent Restriction Ordinance, 1959 the appellants impugn their ejectment from shop Nos. 13, 14 and 15 (shops in dispute) situated at Imam Bargah Nasir-ul-Aza Usman Road/Mecongy Road Quetta by judgment dated 14th November, 2018 (impugned judgment) passed by learned Civil Judge-VIII/Rent Controller Quetta (trial…

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