Law: Balochistan Urban Rent Restriction Ordinance, 1959

Section: 13

(a) Balochistan Urban Rent Restriction Ordinance (VI of 1959)---S.13---Ejectment of tenant---Bona fide personal need of landlord---Statement of landlord---Scope---Landlord/Pakistan Broadcasting Corporation (PBC) filed eviction petition on the ground that demised property (flats) were required in good faith for accommodation of its employees---Held, that statements adduced in the evidence by representative as well as witnesses of respondent/landlord, regarding the bona fide requirement, were found consistent with the averments of ejectment application and could not be dislodged/disproved/rebutted in cross-examination/tenant had failed to shatter the veracity of statements of landlord as well as its witnesses ---Statement of landlord on oath, if consistent with the averment of ejectment application and not shaken in cross-examination, was sufficient to prove that its requirement was bona fide---Findings of the Rent Controller were based on elaborate and correct appraisal of evidence, allowing eviction of appellant/tenant---Appeal of tenant was dismissed, in circumstances. M/s F.K. Irani and Co. v. Begum Feroz 1996 SCMR 1178 and Muhammad Shoaib Alam and others v. Muhammad Iqbal 2000 SCMR 903 ref. (b) Balochistan Urban Rent Restriction Ordinance (VI of 1959)---S.13---Constitution of Pakistan, Arts.23 24---Right of ownership---Eviction of tenant---Right of property as a fundamental right was protected under Arts. 23 24 of the Constitution---Right of ownership was a fundamental right superior than the right of tenancy/tenant, being inferior in status regarding utilization of the demised property, could not determine its sufficiency or insufficiency---Rent Controller had rightly decided the issue regarding personal bona fide need of landlord---Appeal of tenant was dismissed, in circumstances. JUDGMENT: ZAHEER-UD-DIN KAKAR, JUSTICE:---.--- 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…

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