Mrs. MUHAMMAD AKBAR vs ABDUL JALIL S — 2022 PLD 558 SUPREME-COURT

Case information

Citation: 2022 PLD 558 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: Mrs. MUHAMMAD AKBAR vs ABDUL JALIL S
Subject matter: Rent
Provisions referred to: S. 11---E; Balochistan Urban Rent Restriction Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mrs. MUHAMMAD AKBAR VS ABDUL JALIL S. 11---Eviction of tenant---Personal bona fide need of landlord for non-residential purposes---Whether before filing of eviction petition permission of Rent Controller in terms of section 11 of the Balochistan Urban Rent Restriction Ordinance, 1959 ('the 1959 Ordinance') was required where landlord intends to use a residential premises for non-residential purposes---Held, in terms of section 11 of the 1959 Ordinance for conversion of a residential building into a non-residential one, prior permission of the Rent Controller was necessary---Section 11 of the 1959 Ordinance related to the conversion of the existing residential building into a non-residential building, without any structural change---In the present case, however, the landlords had planned that after vacation of the premises, they would completely change the structure of the building by removing the intervening walls between the houses and their rooms, to make it as a single unit, in result whereof, the building could not be utilized as a residential building---After a material change in the structure of a residential building or after demolishing the building with a plan to reconstruct a non-residential building, the Controller lost its authority, therefore, under such circumstances, permission of the Controller under section 11 of the 1959 Ordinance was not required.

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