| Citation(s) |
|---|
| 2026 SLG 4536 = 2026 SLD 4536 = 2026 PLJ 456 |
Supreme Appellate Court, Pakistan
C.P. Nos. 300-Q, 303-Q to 312-Q of 2025
Presented By: Yahya Afridi, CJ. and Aqeel Ahmed Abbasi JUDGES
Mr. Manzoor Ahmed Shah, ASC for Petitioners. N.R for
Respondent. Date of hearing: 23.4.2026.
C.P. Nos. 300-Q, 303-Q to 312-Q of 2025
Presented By: Yahya Afridi, CJ. and Aqeel Ahmed Abbasi JUDGES
Mr. Manzoor Ahmed Shah, ASC for Petitioners. N.R for
Respondent. Date of hearing: 23.4.2026.
NAJEEBULLAH and others--Petitioners
VERSUS
Syed SHAMS-UD-DIN and others--Respondents
Law: Balochistan Urban Rent Restriction Ordinance, 1959
Section: 2(c), 13
Law: Constitution of Pakistan, 1973
Section: 185(3)
Balochistan Urban Rent Restriction Ordinance, 1959 (VI of 1959)-- ----Ss. 2(c) & 13--Constitution of Pakistan, 1973, Art. 185(3)--Landlord and tenant--Eviction--Personal bona fide requirement--Co-owner/co-sharer--Landlord--Competent to maintain eviction petition without impleading other co-owners--Co-owner/co-sharer--Landlord--Competent to maintain eviction petition without impleading other co-owners--It is a well settled legal position that even a single co-owner could maintain an eviction petition on behalf of other co-owners--Rationale behind this principle is that a co-owner acts on behalf of and represents interest of all co-owners of property-- It is well settled by now that bona fide personal need is not restricted to landlord alone but it extends to landlords’ children and family members also--It is well-settled that landlord is best judge of his own requirement and had liberty to choose tenement for his personal bona fide use which may suit him best--We had carefully examined record and orders of Rent Controller and Single Judge of High Court of Balochistan, Quetta and find that orders passed by both Courts below are well reasoned, based on proper appreciation of evidence on record and also depict correct legal position--This Court usually did not interfere in concurrent findings recorded by Courts in rent cases, particularly, if eviction application was allowed on ground of personal bona fide need--Petition dismissed. [Pp. 459 & 460] A, B, C & D PLD 2006 SC 549; 2002 SCMR 787 & 2002 SCMR 429. Mr. Manzoor Ahmed Shah, ASC for Petitioners. N.R for Respondent. Date of hearing: 23.4.2026. Judgment Aqeel Ahmed Abbasi, J.--The instant petitions for leave to appeal have been filed under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 against the common impugned order dated 24.10.2025 passed by the High Court of Balochistan, Quetta in FAOs No. 33 to 43/2025 wherein the High Court has maintained the consolidated order of learned Rent Controller, Quetta dated 28.03.2025, whereby, the eviction applications filed by Respondent No. 1/landlord were allowed and the petitioners/tenants were directed to vacate the subject…