2003 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD ASLAM SHAH VS FIDA MUHAMMAD West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13(2)(i)---Ejectment of tenant---Bona fide personal need of landlord--Frequent visits of landlord to a city in other province to attend his ailing--wife---Effect---Rent. Controller passed eviction order against the tenant--Tenant resisted the bona fide personal need of landlord on the ground that the landlord had disposed of his other properties in the city and shifted his residence to another city in a different province---Validity---Held, landlord himself was always the best judge to manage and tackle his own affairs as he deemed fit and proper---In absence of any evidence to the contrary, such fact slid not all for taking a view that the landlord had permanently shifted to the other city---Contention of the tenant with regard to bona fide personal need of landlord was ill-founded and mala fide---Visits of landlord to other city to attend his sick wife and frequent visits of the landlord after disposal of other properties alone would not be sufficient to conclude that he did not require the shop in dispute for his business needs and in good faith---Primarily such acts are related to the private and internal affairs of landlord and dealings of such person which from case to case vary and depending on one's own needs and benefits---Landlord had successfully discharged the onus of bona fide personal need and the Rent Controller on proper appraisal of evidence resolved the issue in favour of the landlord---High Court declined to interfere with the eviction order passed by the Rent Controller---Appeal was dismissed in circumstances.