Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Bona fide personal need of landlord---Relationship of landlord and tenant was decried by tenant on ground of landlord having executed agreement to sell the premises to the tenant and a substantial amount had been paid to the landlord and final transfer was to be effected on specified date and that civil suit claiming specific performance of agreement was pending adjudication against the landlord---Landlord, however, unequivocally refuted execution of any said agreement for sale and averred that alleged sale agreement had been forged by the tenant for mala fide motives to obtain unlawful gain---Effect---Held, till the time tenant was able to .establish his claim for specific performance on the basis of alleged sale agreement, landlord would continue to enjoy the status of being owner and landlord of the premises---Relationship between the parties till such time would be regulated by the terms of tenancy---Tenant could not, therefore, legitimately resist maintainability of ejectment proceedings pending against him on the ground of sale agreement---Genuineness or otherwise of alleged agreement and its consequential effect would be independently determined by the Civil Court. Mst. 'Azeemun Nisa Begum v. Ali Muhammad PLD 1990 SC 382; Iqbal v. Mst. Rabia Bibi PLD 1991 SC 242 and Mst. Bor Bibi and others v. Abdul Qadir and others 1996 SCMR 877 ref. JUDGMENT MUNAWAR AHMED MIRZA, J.--This petition for leave to appeal is directed against judgment dated 17-7-1998 passed in F.A.O. No.82 of 1998 by learned Judge in Chamber of Balochistan High Court, Quetta. 2 Facts leading to filing of present petition briefly mentioned are. that respondent on 19-6-1996 filed application under section 13 of Balochistan Urban Rent Restriction Ordinance (VI of 1959) before Civil Judge-cum-Rent Controller, Quetta, seeking ejectment of petitioner from shop bearing Municipal No.9-13/36-A situated at Jinnah Road, Quetta, on the ground of personal bona fide requirement and causing nuisance. Petitioner contested the proceedings and filed written statement on 13-8-1996. It was pleaded that relationship of landlord and tenant…

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