Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--S. 13---Constitution of Pakistan (1973), Art. 185(3)---Ejectment of tenant---Bona fide personal requirement of landlord---Landlord himself not appearing in witness-box in support of his claim for personal need of premises---Rent Controller's order of ejectment of tenant was affirmed by High Court in appeal---Validity--- Leave to appeal was granted to consider whether it was obligatory upon landlord to have appeared in person in witness-box to prove his bona fide requirement. Soofi Muhammad Yasin and another v. Dr. Major Abdul Ahad Khan PLD. 1976 Kar. 1231; Muhammad Younus v. Dr. S. Muzammil Ali 1981 CLC 327; Mst. Shaukat Sultana v. Mst. Zohra Bi 1982 CLC 1761; Mahmood Khan v. Nasima Khatoon 1982 CLC 1807 and Mahmood Khan v. Nasima Khatoon 1979 CLC 367 rel. Tariq Mehmood, Advocate Supreme Court with M.W.N Kohli, Advocate-on-Record for Petitioner. Abdul Samad Dogar, Advocate Supreme Court with S.A.M. Quadri, Advocate-on-Record for Respondent. Date of hearing: 26th June, 1995. ORDER MIR HAZAR KHAN KHOSO, J. ---Petitioner, Syed Abdul Rauf, tenant, seeks leave to appeal against the judgment dated 21-12-1994 passed by a Judge in Chamber of the High Court of Balochistan Quetta, whereby appeal filed by him challenging the ejectment order passed by the Rent Controller, Quetta, on 30-4-1994 was dismissed. 2. The facts giving rise to this petition are that Abdul Sattar tiled ejectment application against petitioner Syed Abdul Rauf before the Rent Controller, Quetta, on the ground that he needed the shop for his personal bona fide use. Petitioner Syed Abdul Rauf contested the application. Five issues were framed. The parties led evidence. However, on 30-4-1994 the learned Rent Controller accepted the application and ordered for ejectment of the petitioner from the shop in question. The petitioner filed appeal before the High Court of Balochistan, Quetta, which was dismissed on 21-12-1994. Hence this petition for leave to appeal. 3. The learned counsel for the petitioner inter alia contended that to prove the bona fide respondent Abdul Sattar had not examined himself before the Court, hence the ejectment order…

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