ALI HASSAN vs Mst — 2021 MLD 542 QUETTA-HIGH-COURT-BALOCHISTAN

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ALI HASSAN VS Mst. SUMAIRA KHALID Ss.13 & 14---Constitution of Pakistan, Arts.23 & 24---Civil Procedure Code (V of 1908), S.2(2)---Contract Act (IX of 1872), S.42---Ejectment of tenant---Bona fide personal need of landlord---Earlier ejectment petition having been dismissed as withdrawn---Death of a party during pendency of proceedings---Effect---Word 'party' contained in S.2(2) of C.P.C.---Scope---Eviction petition filed on behalf of landlord was accepted---Contention of tenant was that earlier eviction petition filed on behalf of landlord had been dismissed---Validity---Ejectment petition would only be barred if application on same issue had earlier been decided between the parties on merits---If earlier eviction petition had been decided finally then Rent Controller should reject subsequent ejectment petition summarily---Where order of dismissal of earlier eviction petition was on technical ground or for non-prosecution without deciding matter on merits the it could not be a bar to file a fresh ejectment petition on the same ground---Landlord required demised premises to run his own business and he had personal bona fide need---Word 'party' did include legal representatives of the deceased and they would step into his/her/their shoes---Decree in eviction proceedings in favour of an applicant would entitle him to get possession of demised premises and upon his death same did not abate---Once a right had accrued in favour of decree-holder then after his death, same would automatically devolve upon his legal heirs and they had the right to defend the decree---Contract was always enforceable against the legal heir or the successor-in-interest of original party and unless a contrary intention appeared by the contract same did not abate with the death of a party---Landlord had got approved site plan and building permit for new construction and he had substantiated his version through credible evidence---Statement of landlord on oath was quite consistent with his averment made in the eviction petition which was sufficient for eviction of tenant---No condition could be imposed against right of landlord to seek eviction even with mutual consent of the parties---Right of property as a fundamental right had been protected---Right of ownership was superior than the right of tenancy---Findings recorded by the Rent Controller were based on correct appraisal of evidence---Appeal was dismissed, in circumstances.

ALI HASSAN vs Mst — 2021 MLD 542 QUETTA-HIGH-COURT-BALOCHISTAN

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