Law: Balochistan Urban Rent Restriction Ordinance, 1959

Section: 13(3)(a)(ii), 13(2)(vi)

Balochistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13(3)(a)(ii) & 13(2)(vi)---Eviction petition---Personal bona fide need of landlord---Scope---Re-construction / erection of rented properties---Scope---Good faith and reasonableness, demonstration of---Pre-requisite---Sanction from municipal authority, statutory requirement of---Scope---Eviction of tenants, from rented shops in a market, was denied on the ground that the landlord (appellant ) failed to produce required sanction from municipal authority for re-construction---Validity---Record reflected that the ownership of the subject-property stood established through relevant mutations by duly exhibited documents showing transfer of title to the appellant---Even otherwise, the respondent, while deposing as witnesses , admitted that he had been depositing rent in the Court and such rent was withdrawn by the appellant through court order---Once rent is paid or deposited on behalf of the landlord and withdrawn by him under Court's permission, the relationship of landlord and tenant stands proved---Admittedly, the appellant sought eviction of the tenants from almost all shops of the market; such conduct explicitly showed that the appellant intended to vacate the entire building and reconstruct it into a new commercial plaza, rather than to occupy few shops for personal use---Thus, the case of the appellant did not fall within ambit of personal bonafide need under S.13(3)(a)(ii) of the Balochistan Urban Rent Restriction Ordinance, 1959 ( the Ordinance 1959 ), but squarely fell under S.13(2)(vi) of the Ordinance, 1959---Since the intention of legislature is very much clear from the bare perusal of the relevant provisions of S.13(2)(vi) of the Ordinance, 1959, which makes it obligatory for the owner/landlord of the building to obtain necessary sanction for reconstruction from concerned municipal authority, at the time of filing of eviction application or even during its pendency---Moreover, the said statutory requirement explicitly shows that before seeking eviction for reconstruction, the landlord must demonstrate good faith and reasonableness of the requirement and also to produce the necessary…