Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,15

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----Ss. 13 & 15---Ejectment of tenant was sought on the ground of personal bona fide need of landlord as well as his son; who were jobless and were not occupying any area in which the shops in question were situated---Evidence brought on record reflected that other properties owned by the landlord, were not vacant---No evidence was brought on record by the tenant to establish that son of landlord was not jobless; that shop in question was not required by the landlord for his personal bona fide use and that said shop was not suitable for personal use and intended business---Law did not impose any bar on a person to establish a new business despite the fact that he was running another business---Landlord could choose any of his property for his personal use---Second eviction application was maintainable on any of the grounds provided by S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959, if became available to the landlord subsequently---Where there was no mala fide on the part of the landlord, his application could not be rejected on the ground that he had filed eviction application on one of the grounds provided by S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959 and failed to prove the same---Landlord had proved that shop in question was required by him for his personal as well as for use and occupation of his son---Appeal was dismissed. F.K. Irani and Co. v. Begum Feroze 1996 SCMR 1178 ref Dr. Arbab Ali Ahmed v. Sarwar Khan 2000 MLD 87 rel THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MENGAL, J.--- This appeal under section 15 of Balochistan Urban Rent Restriction Ordinance No.VI of 1959 has been directed against the order dated 29th October, 2010, passed by the learned Civil Judge-III/Rent Controller, Quetta whereby the eviction application filed by the respondent against the appellant has been allowed and he was directed to hand over the vacant possession of the Shop No.4-13/7(7) situated at Abdul Sattar Road, Quetta to the respondent No.1 within four months. 2. Briefly stated facts of the case are that the appellant is tenant in Shop No.4-13/7(7), situated at Abdul Sattar…

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