Case Details

Citation(s)
2010 SLG 2673 2010 SLD 2673 2010 PLD 33

F.A.Os. Nos. 52, 53, 54 and 55 of 2006, decided on 17th November, 2009. DATE of hearing: 29th October, 2009
MUHAMMAD NOOR MESKANZAI, J
Sunder Dass for Appellant (in F.A.O. No. 52 of 2006). Farrukh Malik and Ejaz Sawati for
Respondent (in F. A.O. No. 52 of 2006). Sunder Dass for Appellant (in F.A.O. No. 53 of 2006). Farrukh Malik
Respondent (in F.A.O. No. 53 of 2006). Sunder Dass for Appellant (in F.A.O. No. 54 of 2006). Farrukh Malik for
Respondent (in F.A.O. No. 54 of 2006). Sunder Dass for Appellant (in F.A.O. No. 55 of 2006). Ejaz Sawati for
Respondent (in F.A.O. No. 55 of 2006)

MUHAMMAD ANWAR

VS

ABDUL HAMEED and others

Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment proceedings---Interested witnesses, evidence of---Effect---Rent Controller relied upon the evidence of witnesses who were party in eviction applications and were trying to take benefit of their own statements by appearing as witnesses in the proceedings---Validity---Statements of such witnesses were inadmissible against landlord. PLD 1991 SC 645 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Ejectment of tenant---Bona fide personal need of landlord---Proof---Choice of landlord---Scope---Landlord who had shifted to foreign country sought ejectment of tenants on the ground of personal need---Ejectment application filed by landlord was dismissed by Rent Controller---Validity---Mere presumption of `well settlement' in foreign country could neither be a ground for depriving of landlord to enjoy his ancestral property not even availability of certain other property could be made ground for disentitling him of relief or doubting his bona fide---It was idiosyncrasy, sweet-will and prerogative of owner to chose and propose which one of the properties, he preferred to live in, therefore, such issue was wrongly decided---High Court set aside the findings of Rent Controller and held that landlord required the premises for bona fide personal use and occupation of landlord, who was entitled to have his property---Statement of landlord was sufficient to prove issue regarding bona fide personal need of premises by landlord---High Court set aside the order passed by Rent Controller and allowed ejectment application filed by landlord---Appeal was allowed in circumstances. PLD 1969 Lah. 12 and PLD 1973 SC 218 ref. 2003 CLC 1221 rel. PLD 1973 Quetta 28; PLD 1993 Quetta 84 and 1990 SCMR 1221 distinguished. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.--- By this common judgment, I intend to dispose of F.A.O Nos.52,53,54 and 55 of 2006 filed by appellant after dismissal of eviction applications Nos.1, 2, 3 and 4 of 2005 by Civil Judge-V, Quetta on 31st July, 2007. 2. The facts of the instant appeals are that appellant filed eviction applications against the…
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