Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Default and bona fide personal need of landlord---Description of property---Concurrent findings of fact by the Courts below---Ejectment of tenant from shop in question was sought on the ground of default in payment of monthly rent and bona fide personal need of landlord---Tenant denied relationship of landlord and tenant on the ground that shop in possession of tenant had different municipal number from the one mentioned by landlord in ejectment application---Rent Controller passed eviction order which was maintained by High Court---Validity---Tenant could not take advantage of the position and frustrate eviction proceedings on the pretext that there was discrepancy regarding municipal number of shop in question---Property in question clearly was the same property which was let to him on rent by co-owner of the property particularly when none else had claimed ownership/proprietary rights over the same---There being concurrent findings of both the courts below, Supreme Court did not see any ground to interfere with --Leave to appeal was refused. JUDGMENT CH. EJAZ YOUSAF, J.---This petition for leave to appeal is directed against judgment, dated 8-6-2007 passed by a learned Single Bench of the High Court of Balochistan, Quetta, whereby appeal filed by the petitioner against the respondents, regarding his eviction from the premises, was dismissed. 2. Facts of the case, in brief, are that respondents/landlords filed eviction application in the Court of Civil Judge/Rent Controller in respect of Shop bearing No.1-27/13 and 14-A situated at Masjid Road, Quetta, jointly owned by Syed Muhammad Amin (predecessor-in-interest of the respondents) and one Syed Abdul Qayyum, against the petitioner and one Mir Ahmed Tareen. It was stated in the application that after the death of the predecessor-in-interest of the respondents, property in question was partitioned between the co-owners, and the disputed property fell into the share of the respondents. Mutation Entry No.503 was also effected in this regard. It was further stated, that rent of…

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