2020 PLD 83 QUETTA-HIGH-COURT-BALOCHISTAN

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ERICK (ARICK) FEROZE VS PETHRES alias MITHO S. 13---West Pakistan Urban Rent Restrictions Ordinance (VI of 1959), S.5-A---Ejectment of tenant---Default in payment of rent---Bona fide personal need of landlord---Denial of relationship of landlord and tenant by the tenant---Words "requires it in good faith for his own occupation"---Scope---Landlord filed eviction petition on the grounds of default in payment of rent and for his personal bona fide need wherein he also sought recovery of enhanced monthly rent---Eviction petition was accepted on the ground of default in payment of rent and tenant was directed to vacate the premises within two months and pay outstanding enhanced rent---Validity---Tenant had failed to produce any evidence through which it could be inferred that petitioner was not his landlord---Nothing was on record that demised premises was not required to the landlord for his personal bona fide need---Words 'requirement for personal bona fide occupation' did not denote a 'desire'---Desire for occupation could be denied but requirement of personal bona fide use could not be turned down in slipshod and cursory manner---Solitary statement of landlord unless proved contrary to the facts and evidence was sufficient to establish his personal bona fide requirement---Rent Controller had erred in law to enforce provision of S.5-A of West Pakistan Urban Rent Restriction Ordinance, 1959 which was not applicable to the present case being not part of Balochistan Statute---Rent Controller was not competent to direct the tenant to pay outstanding rent beyond the period of three years---Nothing was on record with regard to automatic enhancement of rent after every three years---Findings of Rent Controller with regard to outstanding amount of rent coupled with payment of previous arrear on enhanced rate were set aside---Tenant was directed to pay outstanding monthly rent from the date of institution for a period of three years only---Landlord for remaining outstanding amount might avail remedy as provided under the law---Appeal was disposed of, in circumstances.