2020 CLC 526 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD NADEEM VS ANJUMAN-E-NASIR-UL-AZA Ss. 13 & 14---Constitution of Pakistan, Arts. 23 & 24---eviction petition on behalf of attorney---Maintainability---Bona fide personal need of landlord Right of Property---Scope---Earlier ejectment petition having been dismissed for non-prosecution---Effect---Payment of Pagri---Effect---eviction petition filed on behalf of landlord was accepted---Contention of tenant was that earlier eviction petition filed on behalf of landlord had been dismissed---Validity---If earlier eviction petition had been decided on merits then Rent Controller should reject the subsequent ejectment petition summarily, however, if earlier ejectment petition was decided on technical ground or was dismissed for non-prosecution without deciding the matter on merits then there would be no bar to file a fresh application on the same ground---Landlord earlier filed ejectment petition and same was dismissed for non-prosecution---Landlord had bona fide personal need of demised premises---Where statement of landlord on oath was consistent with the averments made in the ejectment application then same was sufficient for acceptance of eviction petition---Payment of any amount on account of pagri did not create tenancy in perpetuity and same could not operate as bar against landlord to seek eviction---Attorney had filed present eviction petition under the authority given by the landlord---Relationship of landlord and tenant existed between the parties---Right of property being a fundamental right had been protected---Right of ownership was superior to the right of tenancy---Tenant was directed to vacate the demised premises within a period of two months subject to payment of monthly rent---Appeal was dismissed, in circumstances.