2021 MLD 1180 QUETTA-HIGH-COURT-BALOCHISTAN

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NASEER AHMED VS GHAFOOR KHAN S.13---eviction of tenant---Payment of "pagri"---Personal bona fide need---Scope---Tenant appealed against the acceptance of eviction application---Contention of tenant was that landlord had not approached him for collection of rent and that he (tenant) had paid certain amount of sum as pagri---Validity---Tenant had not denied the existence of relationship of landlord and tenant---Tenant was under obligation to make payment of monthly rent to the landlord, in case the landlord refused to accept the rent, he had to send the same through money order or any advanced mode and if the same was not accepted then due rent was to be deposited in the Court---Balochistan Urban Rent Restriction Ordinance, 1959 did not impose any obligation on the landlord to find his tenant and collect rent---Plea of payment of pagri could not be substantiated by the tenant through any documentary evidence---Landlord had been successful in leading reliable and sufficient evidence to prove that the shop in question was required in good faith for personal need of his sons---Findings rendered by the Rent Controller in the impugned order were based on proper appreciation of evidence and did not warrant interference by the High Court---Appeal was dismissed, in circumstances.