MUHAMMAD AMEEN KHOKAR vs MUHAMMAD ASIF AWAN Ss — 2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD AMEEN KHOKAR VS MUHAMMAD ASIF AWAN Ss. 13 & 13a---Eviction of tenant---Personal/bona fide need of landlord--- Respondent/applicant/landlord filed eviction application alleging that he purchased house in question and served notice to appellant for payment of rent to him in future and vacant possession of the same being required for his personal bona fide use/occupation---Rent Controller allowed eviction application directing appellant to hand over vacant possession of house and pay outstanding rent/clearance of utility bills---Validity---after having stepped into the shoes of previous landlord, the respondent served notice under S.13a of Balochistan Urban Rent Restriction Ordinance, 1959, and proved through evidence but rent was not remitted to respondent---Tenant committed wilful default---Landlord owned several premises---Tenant could not challenge such right---Landlord had right to occupy his property and could not be deprived of such right only because once it was rented out---appellant contended that he had purchased the house from son of previous owner, who admittedly was not recorded owner of property, through agreement which proved fake because the same surfaced after the demise of alleged seller---If appellant had purchased the house, how/in what capacity he continued making payment of rent---Personal bona fide need with good faith had been proved---appellant's witnesses did not support his case in true perspective regarding their presence at time of alleged execution of agreement/making payment of any amount to alleged seller---appellant did not appear for cross-examination intentionally to make a ground for case's remand---appellant had admitted his induction as tenant by making payment of rent for many years; he could not challenge the landlord's title without first surrendering the possession to him---appeal was dismissed accordingly. Head NotesCase Description

MUHAMMAD AMEEN KHOKAR vs MUHAMMAD ASIF AWAN Ss — 2022 PLD 97 QUETTA-HIGH-COURT-BALOCHISTAN

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