2012 YLR 148 QUETTA-HIGH-COURT-BALOCHISTAN

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SHAH MIR VS GHULAM HUSSAIN 1992 SCMR 1170, Ejectment petition--term , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , Ss. 13 & 13-A---Ejectment petition---Bona fide personal need of landlord and default in payment of rent by tenant---Tenant's plea that landlord had not issued notice regarding transfer of ownernship of demised premises in his favour; that transfer of premises in favour of landlord was fraudulent; and that landlord did not require demised premises for his personal use and occupation---Proof---Evidence on record showed that landlord alongwith his brothers and five grown-up children was residing in a joint house, which did not commensurate with his needs---Tenant had failed to shatter veracity of statement of landlord that he was not in need of demised premises for his personal use and occupation---Even if such notice was not proved, then filing of ejectment petition would amount to such notice making tenant liable to pay rent from date landlord became owner of demised premises---Tenant had admittedly not paid rent after transfer of ownership in favour of landlord, thus, had committed default in its payment---Previous owner of premises had failed to become party in ejectment proceedings, thus, tenant had sufficient notice regarding sale of premises to landlord---Denial of relationship of landlord and tenant and non-payment of rent even after such notice was sufficient for ordering eviction of tenant without recording any further evidence---In case of denial of relationship of landlord and tenant, once such relationship stood proved, then no other course would be left for Rent Controller except to order eviction of tenant---Ejectment petition was accepted in circumstances.