2016 PLD 76 QUETTA-HIGH-COURT-BALOCHISTAN
Balochistan · 2016
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MUHAMMAD IBRAHIM VS ABDUL SALAM 1989 SCMR 755, 1996 SCMR 1178, 2001 SCMR 1197, Balochistan Urban Rent Restriction Ordinance 1959--13 , Default in payment of rent--Term , Ejectment of tenant--Term , S. 13---Ejectment of tenant---Default in payment of rent---Bona fide need of landlord---Statement of attorney---Scope---Statement of landlord on oath was sufficient for acceptance of eviction petition---Statement of attorney should be construed as statement of principal unless contrary had been proved---Mere non-appearance of landlord would not affect his bona fide claim---Tenant was bound to pay/deposit the rent within 60 days after it had become due but, in the present case, he failed to do so---Tenant had committed wilful default in circumstances---Tenant would be liable to be ejected notwithstanding subsequent payment of arrears of rent---Landlord had choice to select any of his property for business or occupation on the ground of bona fide use and occupation---Rent Controller had passed the impugned order after considering the evidence on record---Tenant was allowed six months' time for handing over the vacant possession of demised premises to the landlord subject to payment of monthly rent---Appeal was dismissed in circumstances.
