Law: Balochistan Urban Rent Restriction Ordinance, 1959

Section: 13,15

Balochistan Urban Rent Restriction Ordinance, 1959 (VI of 1959)-- ----S. 13 15--Eviction application--Accepted--Rent agreement--Legal notice was issue for vacation of property--Personal bona fide need--Enhancement of business--Alteration of structure--Entitlement of landlord--Challenge to--Law does not impose any embargo on person to established any other business when he has already running is business similarly, landlord is entitled to choose or pick anyone of his shops for his personal use--It is choice of landlord to choose any of his property for his personal use and suitability of shop cannot be determined by tenant--It is sole prerogative of landlord to choose any shop for his business--Objection raised by counsel for appellant that landlord himself did not appear before rent controller for recording of his statement on oath, objection of counsel is has no force because law does not prohibit for appointing any attorney for recording statement on oath before Court, mere non appearance of landlord would not effect his bona fide claim--Statement of witnesses of landlord on oath with consistent of his averment in ejection application despite cross-examination appellant failed to brought anything in his favour--Statement of respondent quite confidence considered to sufficient to prove contention of respondent--Sole testimony of landlord is sufficient to personal bona fide need--Rent Controller after proper appraisal of material available on record has come to right conclusion and eviction order of Rent Controller is beyond any interference--Appeal was dismissed.                                                [Pp. 60 61] A, B, C D 2011 CLC 1606 and 2003 CLC 1121 ref. JUDGMENT Abdul Hameed Baloch, JUSTICE--This appeal under Section 15 of the Balochistan Rent Restriction Ordinance, is directed against the Order dated 22nd October 2018 (hereinafter referred as the impugned Order and decree) passed by learned Senior Civil Judge/Rent Controller HUB, (hereinafter referred, as the Rent Controller), whereby the application filed by the respondent was…

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