2020 CLC 1542 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD AKRAM VS MUHAMMAD KHALID Ss.13 & 14---Contract Act (IX of 1872), S.42---Civil Procedure Code (V of 1908), S.2(2)---Constitution of Pakistan, Arts. 23 & 24---Ejectment of tenant---Bona fide personal need of landlord---Earlier eviction petition dismissed as withdrawn---Death of landlord---Effect---Expression 'party' contained in S.2(2) of C.P.C.---Scope---Ejectment petition was accepted by the Rent Controller and tenant was directed to handover vacant possession of demised premises to the landlord---Validity---Ejectment petition would be barred if petition on the same issue had earlier been decided on merits between the parties---Where earlier eviction petition had been dismissed on technical ground or for non-prosecution then there would be no bar to file a fresh petition on the same ground---Demised premises was required by the landlord for his personal bona fide need---Landlord had expired and his legal heirs had been impleaded in the appeal---Expression 'party' would include legal heirs and in case of death of landlord eviction order did not abate---Contract between the parties was enforceable against legal heirs or successor-in-interest of the original party and it did not abate with the death of the parties---Landlord had adduced cogent and worthy of credence evidence to substantiate his version---Where statement of landlord on oath was consistent with his averments made in the eviction petition then same would be sufficient for acceptance of ejectment petition---Right of property being a Fundamental Right had been protected---Right of ownership was superior than the right of tenancy---Findings of Rent Controller were based on correct appreciation of evidence---Tenant was directed to vacate demised premises within two months subject to payment of monthly rent---Appeal was dismissed, in circumstances.