2012 YLR 316 QUETTA-HIGH-COURT-BALOCHISTAN

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HIDAYAT ULLAH PEERZADA VS KHALID ZAMAN 1996 SCMR 1178, 2000 MLD 87, West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13 & 15---Ejectment of tenant was sought on the ground of personal bona fide need of landlord as well as his son; who were jobless and were not occupying any area in which the shops in question were situated---Evidence brought on record reflected that other properties owned by the landlord, were not vacant---No evidence was brought on record by the tenant to establish that son of landlord was not jobless; that shop in question was not required by the landlord for his personal bona fide use and that said shop was not suitable for personal use and intended business---Law did not impose any bar on a person to establish a new business despite the fact that he was running another business---Landlord could choose any of his property for his personal use---Second eviction application was maintainable on any of the grounds provided by S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959, if became available to the landlord subsequently---Where there was no mala fide on the part of the landlord, his application could not be rejected on the ground that he had filed eviction application on one of the grounds provided by S.13 of West Pakistan Urban Rent Restriction Ordinance, 1959 and failed to prove the same---Landlord had proved that shop in question was required by him for his personal as well as for use and occupation of his son---Appeal was dismissed.