2020 CLC 717 QUETTA-HIGH-COURT-BALOCHISTAN

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JAWAHIR LAL VS MUHAMMAD ZAHID S.13---Ejectment petition---Personal bona fide need of landlord---Non-appearance of landlord as witness---Effect---Tenant filed appeal against the order of Rent Controller whereby the eviction petition filed by landlord was allowed---Case of landlord was that he wanted the possession of rented premises for extention in his business and alternation in its structure---Validity---Attorney of landlord had recorded his statement that the rented premises was required for enhancement of business---Landlord was entitled to choose or pick any one of his properties for his personal use and suitability of the property could not be determined by the tenant---Contention of tenant that landlord himself had not appeared before the Rent Controller for recording of his statement had no force because the law did not prohibit for appointing any attorney for recording the statement on oath before the court---Mere non-appearance of the landlord had not effected his bona fide claim---Attorney was the son of landlord and his statement was straightforward confidence inspiring and was not shaken during cross-examination---Sole testimony of the landlord was sufficient to prove personal bona fide need---Rent Controller, after proper appraisal of material available on record had came to the right conclusion---Appeal, being devoid of merits, was dismissed.