2000 MLD 87 QUETTA-HIGH-COURT-BALOCHISTAN

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Dr. ARBAB ALI AHMAD VS SARWAR KHAN West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 ----S. 13---Bona fide personal need of landlord---Son of landlord passed Matriculation Examination and had no interest to study further and wanted to do business in the premises---Son of landlord had taken admission in F.Sc. Premedical---Fact that during the pendency of eviction application son of landlord employed himself in gainful occupation, would not negate the assertion of bona fides of landlord to get the premises vacated---Question of personal bona . fide use and occupation of son of landlord having been independently proved by landlord if son of landlord, during the pendency of proceedings got admission in college and landlord had also filed eviction application on the ground of default which was dismissed, same would not negate the assertions of bona fides on part of landlord---Eviction applications filed by landlord was allowed by the High Court and tenants were directed to vacate the shops in dispute and hand over vacant possession of the same to the landlord within a period of four months in circumstances.