Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(3)(a)(i)(a)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S.13(3)(a)(i)(a)---Bona fide personal need of landlord---Proof---Personal appearance of landlady as witness---Necessity---Not a requirement of law that landlady should come in Court and depose about her personal requirement-- Attorney of landlady who appeared before the Court hid deposed about the personal requirement of the landlady and her children---Statement of   the   attorney   was   not   shaken   in cross-examination---Rent Controller, thus, had wrongly decided the question of personal requirement against the landlady. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- ----S.13(2)(i)---Default in payment of rent---Onus of proof---Held: When the landlord alleged default and stated that the tenant had failed to make payment of rent, burden shifted upon the tenant to show that he had not committed any default. Arshad Umar and another v. Begum Nazrul Askari PLD 1985 SC 38 ref. Anwar-ul-Haq for Appellant. Ayaz Sawati for Respondent. Date of hearing: 2nd April, 1998. JUDGMENT   This appeal under section 15 of the Balochistan Urban Rent Restriction Ordinance VI of 1959 is directed against the Order, dated 30-9-1997 passed by Civil Judge-II-Cum Rent Controller, Quetta whereby Eviction Application filed by the appellant was dismissed. The facts in brief are that the appellant filed an Eviction Application in the Court of Civil Judge-II-Cum-Rent Controller, Quetta on 30-8-1995 in respect of House No.5 situated at Rani Bagh, Quetta on the ground of default and personal requirement. It is averred in the Eviction Application that the premises in dispute is required by the applicant for her personal use and occupation as she resides in Karachi and does not own any house at Quetta and wants to shift at Quetta alongwith her children and husband. It has also been averred that the respondent has failed to make payment of rent w.e.f. September, 1993 till filing of the application. Respondent filed his written statement on 20-11-1995 and contested the application. Out of the pleadings following issues were framed:--- Whether the…