1991 CLC 2018 QUETTA-HIGH-COURT-BALOCHISTAN

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NASRULLAH VS FATIMA BEGUM West Pakistan Urban Rent Restriction Ordinance 1959--15 , ---Ss. 13 & 15---Ejectment of tenant for reconstruction after demolition of premises and for benefit of minor---Duty of Rent Controller---Where plea was raised that eviction of tenant'was sought for benefit of minor, then Rent Controller would be duty bound to examine pleadings in order to find out as to whether actually ejectment was sought for minor's benefit and all legal formalities read been completed i.e. whether the application had been moved in the name of minor through next friend and in pleadings, it had been mentioned unequivocally, that premises was required for reconstruction and personal use and occupation of minor and if such assertions were absent, then Rent Controller normally should not order ejectment of tenant, for if ejectment was allowed same would be against the interest of minor as well as actual owner of the property---Widow (mother of minor) having not gone through such formalities, had no locus standi to pursue eviction application---Order of ejectment passed by Rent Controller was thus, set aside.