Law: Balochistan Urban Rent Restriction Ordinance, 1959

Section: 13,2(b)

Law: Balochistan Land Revenue Act, 1967

Section: 42,52

Law: Civil Procedure Code (V of 1908)

Section: 9

(a) Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.13---Ejectment application for 3 shops was filed by the Landlord/appellant on grounds of wilful default and personal bona fide need (tenant) contested the application on ground that neither the appellant was owner of property nor respondent had ever been inducted as tenant of appellant; that another person was actual owner of the shops in question; that respondents were employees of said another person; and that he (the other person) filed suit for correction of mutation entries---Eviction application was dismissed by Rent Controller---Validity---Record transpired that the appellant produced rent agreements and produced marginal witnesses who confirmed the factum of rent agreements---Oath Commissioner produced the rent agreements---Appellant also produced halqa Patwari who produced record showing that appellant, his mother and sisters were owners of the land in questions neither produced any sale deed in order to confirm the factum of sale/purchase in favour of said other person---Mere bald assertion could not rebut the documents witnesses admitted in cross-examination that the suit land was still in the name of appellant in the revenue records had no other capacity for retaining possession than as tenant---Pendency of suit for specific performance of the agreement was no ground to avoid eviction of the tenant by the Rent Controller---Law did not impose any embargo on landlord to establish any business but sole testimony of landlord was sufficient to establish personal bona fide need---Appeal was accepted accordingly. Allah Yar and others v. Additional District Judge and others 1984 SCMR 741; Mian Muhammad Abdullah v. District Judge Sahiwal and others PLD 1985 Lah. 467; Mst. Bor Bibi v. Abdul Qadir 1996 SCMR 877 and Bakht Zamin Shah v. Faiz Muhammad Khan 2003 CLC 1121 ref. (b) Balochistan Land Revenue Act (XVII of 1967)--- ----S.42, 52---Mutation entries are not title documents, however, carry presumption of truth. (c) Balochistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S.2(b)---Civil Procedure Code (V of 1908), S.9---Ejectment proceeding---Title/ownership of…

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