2001 YLR 1979 QUETTA-HIGH-COURT-BALOCHISTAN

Full text

ABDUL QADIR VS HAMAYUN JAFFAR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S.13(3)(ii), proviso---Bona fide personal need of landlord-- Advance rent received by the landlord---Effect---Tenancy for specified period ---Effect---Contention of the tenants was that the landlords had received advance rent and till the time the tenants could not be evicted---Plea raised by the landlords was that in case the premises was vacated by the tenants, they were ready to return the advance rent---Validity---Provisions of West Pakistan Urban Rent Restriction Ordinance, 1959, permitted freedom of contract based on equality of bargaining power in both parties-- Landlords at the time of receipt of advance rent were supposed to know that they were bartering away their personal need-- After accepting advance rent up to a specified date, landlords rendered themselves ineffectual because they had imparted to the tenants something more than the current tenancy---After receipt of advance rent, the landlords were not competent to file eviction application against the tenants on the ground of personal requirement, till such time the amount received was adjusted---Tenants could not be deprived of the benefit of the proviso to S.13(3)(ii) of West Pakistan Urban Rent Restriction Ordinance, 1959---Plea raised by the landlords was of no help to them as the purpose for which the amount had been paid was to cover the accruing rents---Where tenancy was for a specified period, the eviction application against tenants on the ground of personal requirement was not competent---Eviction order passed by Rent Controller was set aside-- Appeal was allowed accordingly.