Law: Balochistan Urban Rent Restriction Ordinance, 1959

Section: 13

(a) Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Eviction petition---Bona fide personal need of landlord---Scope---Tenant challenged order passed by Rent Controller whereby he was directed to hand over vacant possession of the demised premises---Validity---Burden to prove that need of landlord was bona fide rather than mala fide was on the landlord---Landlord had tried to eject 22 tenants simultaneously on the ground of personal bona fide use---Landlord had not obtained permission from Municipal Committee for re-construction or for alteration in the building---Landlords brothers could not start business in 22 shops which were admittedly separate units---Landlords brothers were admittedly independent, they had settled their business abroad and rarely visit Pakistan---Names of the brothers, for whom the shops were required, were not mentioned in the eviction application---Property was mutated in the name of landlords father but he had not filed the eviction application---Appeal was accepted, impugned was set aside and the eviction application was dismissed, in circumstances. Syed Abdul Rauf v. Abdul Sattar 1997 SCMR 1169 and Mahmood Khan v. Nasima Khatoon 1982 CLC 1807 ref. Ram Dass v. Ishwar Chander and others AIR 1988 SC 1422 and Siddalingamma and another v. Mamtha Shenoy AIR 2001 SC 2896 rel. (b) Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Eviction petition---Bona fide personal need of landlord---Scope---Landlord has a superior right of possession and use of his property as against the tenant, but it has equally been settled that the tenant may not be deprived of his legal business and may not be shunted out from the said premises on mere assertion of the landlord. (c) Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ---S. 13---Eviction petition---Good faith---Scope---Term good faith is prime and essential ingredient of ejectment of the tenant---Mala fide intention of landlord for ejectment on the ground of personal need can only be ascertained if it is proved that landlord in fact is not needy rather is greedy and he only desires to enhance the rent according to his own will and wants to rent…

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