2021 CLC 708 QUETTA-HIGH-COURT-BALOCHISTAN

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Syed HABIBULLAH VS Syed ABDUL KHABEER S.13---eviction petition---Bona fide personal need of landlord---Scope---Tenant challenged order passed by Rent Controller whereby he was directed to hand over vacant possession of the demised premises---Validity---Burden to prove that need of landlord was bona fide rather than mala fide was on the landlord---Landlord had tried to eject 22 tenants simultaneously on the ground of personal bona fide use---Landlord had not obtained permission from Municipal Committee for re-construction or for alteration in the building---Landlord's brothers could not start business in 22 shops which were admittedly separate units---Landlord's brothers were admittedly independent, they had settled their business abroad and rarely visit Pakistan---Names of the brothers, for whom the shops were required, were not mentioned in the eviction application---Property was mutated in the name of landlord's father but he had not filed the eviction application---Appeal was accepted, impugned judgment was set aside and the eviction application was dismissed, in circumstances.