2000 MLD 2007 QUETTA-HIGH-COURT-BALOCHISTAN

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ABDUL AZIZULLAH VS ANJUMAN ASNA ASHRIA AND HELIYAN-E-NAH DAGH (REGD.) Code of Civil Procedure 1908--PREAMBLE , ----S. 13---Civil Procedure Code (V of 1908), O.VI, R.7 --- Ejectment proceedings---Principle of pleadings as stated in O.VI, R.7, C.P.C.--Applicability---Case set up in pleadings---Onus to prove---Landlord producing evidence contrary to the ground mentioned in his ejectment application---Reasons for eviction was requirement of the tenement for personal need but evidence was led about requirement of the tenement for demolition and reconstruction---Rent Controller allowed the application and directed the tenants to vacate the premises---Validity---Principle of pleadings as stated in O.VI, R.7, C.P.C. were applicable to the proceedings, though the same were quasi judicial in nature---Tenant could only be evicted from tenement under the provisions of -S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959, and any ground agitated beyond such provisions could not be considered---Onus was always upon the landlord to prove that the tenant was liable to be evicted on the grounds as enumerated in the plaint within the scope of the provisions of S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959---Initial burden was always on the landlord to prove that the tenement was required by him for a particular purpose as set up in the plaint---Where landlord had filed eviction application solely on the ground of personal requirement, he could not be permitted to prove/lead evidence, that he required the premises for demolishing and reconstruction---Such departure of landlord would change the cause of action and the same would amount to proving a case not set up in the pleadings and such chance would militate against the bona fides of landlord---Landlord by setting up a new plea in the application had failed to prove his personal bona fide requirement---Rent Controller had misread the evidence produced by the landlord and erred in holding that the tenement was required for demolishing---Judgment and decree of the Rent Controller was set aside in circumstances.