2020 PLD 78 QUETTA-HIGH-COURT-BALOCHISTAN

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ZAHID HUSSAIN KHAN VS SHAMS ULLAH Ss. 13 & 5---Ejectment of tenant---Default in payment of rent-Bona fide personal need of landlord---Rent Controller while accepting eviction petition on the ground of default in payment of rent directed landlord to approach the civil Court for recovery of arrears of rent and outstanding utility bills---Validity---Rent Controller was empowered to determine rent of premises and pass order for payment of arrears of rent for the period of three years from institution of eviction petition---Tenant was bound to pay utility bills regularly and Rent Controller could pass order for payment of outstanding utility bills---Landlord was not entitled for any enhanced rent rather he should approach the Rent Controller under S.5 of Balochistan Urban Rent Restriction Ordinance, 1959---Landlord was entitled for arrears of rent but not beyond the period of three years from the date of filing of ejectment petition---Civil Court was competent to try cases for recovery of arrears of rent and utility bills but jurisdiction of Rent Controller was not barred under law----Landlord had proved his entitlement for recovery of outstanding arrears of rent and utility bills but he was not entitled for enhanced monthly rent after every three years---Appeal was disposed of, accordingly.