Case Details

Citation(s)
2000 SLG 2244 2000 SLD 2244 2000 MLD 87
Quetta High Court
First Appeal from Orders Nos. 103 and 104 of 1998, decided on 26th March, 1999
AMAN ULLAH KHAN YASINZAI, J
Tariq Mehmood for Appellant. Syed Ayaz Zahoor for
Respondents

Dr. ARBAB ALI AHMAD and another

VS

SARWAR KHAN and others

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord---Son of landlord passed Matriculation Examination and had no interest to study further and wanted to do business in the premises---Son of landlord had taken admission in F.Sc. Pre­medical---Fact that during the pendency of eviction application son of landlord employed himself in gainful occupation, would not negate the assertion of bona fides of landlord to get the premises vacated---Question of personal bona . fide use and occupation of son of landlord having been independently proved by landlord if son of landlord, during the pendency of proceedings got admission in college and landlord had also filed eviction application on the ground of default which was dismissed, same would not negate the assertions of bona fides on part of landlord---Eviction applications filed by landlord was allowed by the High Court and tenants were directed to vacate the shops in dispute and hand over vacant possession of the same to the landlord within a period of four months in circumstances. Saeed Ahmad v. Tariq Nazeer Butt and another 1987 SCMR 220 and Messrs F.K. Irani & Co. v. Begum Feroz 1996 SCMR 1178 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Bona fide personal need of landlord---Eviction application of two shops at the same time on the ground of personal use---Validity---Law gives landlord choice that if he states that he needs two shops at the same time his statement has to be given due weight, if same was confidence inspiring. Dildar Hussain Nayyar v Niaz Muhammad Dar and another 1985 SCMR 1769 rel. JUDGMENT By this common judgment I propose to dispose of F.A.O. Nos. 103 of 1999 and 104 of 1999 as both the appeals arise from a consolidated order. 2. Brilrtly stated the facts are that the appellant filed two eviction applications in the Court of Senior Civil-Judge-cum-Rent controller, Quetta on 24-2-1997 which were registered as Eviction Applications Nos. 2 of 1997 and 3 of 1997 in respect of shops bearing Municipal No. 1-19/36 and 1-19-37 situated at Shahrah-e-Iqbal (hereinafter referred to as the shops in…
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