| Citation(s) |
|---|
| 2022 SLG 1702 2022 SLD 1702 2022 PLJ 40 |
Quetta High Court
F.A.O. No. 21 of 2018, decided on 26.3.2021.
ZAHEER-UD-DIN KAKAR, J.
M/s. Shehzad Ahmed Yasir Adnan, Advocates for Appellant. M/s. Najam-ud-Din Mengal Hafeezullah, Advocates for
Respondent.
F.A.O. No. 21 of 2018, decided on 26.3.2021.
ZAHEER-UD-DIN KAKAR, J.
M/s. Shehzad Ahmed Yasir Adnan, Advocates for Appellant. M/s. Najam-ud-Din Mengal Hafeezullah, Advocates for
Respondent.
M/S. IQRA ANWAR-ULQURAN LIL ITEFAL TRUST through its Director, Quetta--Appellant
VS
PAKISTAN BROADCASTING CORPORATION, HEADQUARTER ISLAMABAD through Station Director BPS, Quetta
Law: Constitution of Pakistan, 1973
Section: 23,24
Balochistan Rent Restriction Ordinance, 1959 (VI of 1959)-- ----Ss. 13 , 15--Tenancy agreement--Default in payment of rent--Ejectment petition--Bona fide need--Acceptance of ejectment petition--Closing of right of recording of statement of respondent’s representative--Despite clear directions, appellant failed to produce his representative for recording of statement before trial Court--Sufficient material has been brought on record to indicate that respondent (PBC) requires Flats in question for accommodation of its employees--The genuine and,bona fide need of PBC has been established satisfactorily as statement of AWs and representative of respondent on oath--Statement of landlord on oath, if consistent with application of ejectment and not shaken in cross-examination is sufficient to prove that his requirement is bona fide--Findings of Rent Controller are based on elaborate, careful and correct appraisal of evidence and do not suffer from any misreading of evidence as property in question is ownership of Central Government--Appeal dismissed. 1996 SCMR 1178 and 2000 SCMR 903 ref. Constitution of Pakistan, 1973-- ----Arts. 23 , 24--Right of property--Right of property as a fundamental right is protected--Right of ownership is superior then right of tenancy--Appellant, being inferior of status regarding utilization of Flats in question, cannot determine sufficiency or insufficiency. JUDGMENT The Pakistan Broadcasting Corporation (“PBC”) Headquarter, Islamabad through its Station Director, Quetta (respondent/applicant), filed application under Section 13 of the Balochistan Urban Rent Restriction Ordinance-VI of 1959 (“the Ordinance”) before the Court of Civil Judge-VII/Rent Controller, Quetta (the “trial Court”) for ejectment of M/s. Iqra Anwar-ul-Quran Lil Itefal Trust through its Director, Muhammad Shakil Dewar (appellant/respondent) from the subject matter i.e. 04 Flats situated in LPT Colony, Sariab Road, Quetta (the “Flats in question”) on the basis of default in payment of rent as well as for accommodation of department’s employees. 2. The application was contested by the appellant/respondent by way of filing reply/rejoinder, whereby the…
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