2017 CLC 347 QUETTA-HIGH-COURT-BALOCHISTAN

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SHAKEEL AHMED VS ABDUL JALIL 1997 MLD 1800, 2000 SCMR 903, 2004 MLD 587, Ss. 13 & 11---Civil Procedure Code (V of 1908), S. 2 (2)---Ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlord had died during the proceedings and ground of personal bona fide need was not available to his legal heirs---Validity---Decree in favour of landlord did not abate on his death and entitled the heirs to get the possession of demised premises ---Once a right was accrued in favour of decree-holder, it would automatically devolve upon his legal heirs even after his death and they had the right to defend the decree and were entitled to contest the appeal---eviction petition contained an averment with regard to the need of landlord for use of the demised premises for commercial purposes---No specific permission of Rent Controller, for conversion of residential property into non-residential was required---Plea that eviction petition with regard to residential premises for non-residential purposes had been accepted would be deemed to be sufficient compliance of S.11 of Balochistan Urban Rent Restriction Ordinance, 1959---Evidence produced by the landlord was not only consistent but also in conformity with the contents of eviction petition---Witnesses of landlord were firm and were not shaken despite lengthy cross-examination---If landlord failed to get the possession of demised premises in the stipulated period or after getting the possession re-let the same to someone else within a period provided by law then tenant had the right to recover the possession of said premises---Impugned judgment and decree passed by the Trial Court were just and proper---Tenant had failed to point out any illegality or irregularity in the impugned order---Tenant was granted two months' time to vacate the premises and handover the possession to the landlord---Appeal was dismissed in circumstances.