2011 CLC 1844 QUETTA-HIGH-COURT-BALOCHISTAN

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MAHESH KUMAR CHAWALA VS Haji ABDUL KARIM West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , Ss. 13(2)(ii)(a), (3)(a) & 15---Ejectment of tenant on grounds of subletting by tenant and personal bona fide need of landlord for his son---Landlord had not mentioned as to which of his sons was jobless, for whom the shop was required, because the name of the son had not been mentioned in the ejectment application; nor the witnesses and the landlord in their statements before the Rent Controller disclosed the same---No proper person had been specified for the purpose of getting the possession of the shop, if an eviction order was passed, it could not be implemented for the reason that who would get the possession---Son for whom the shop in question was required did not appear before the Rent Controller---Since the application was for the personal bona fide use and occupation of the son of landlord, his appearance before the court and recording his statement was necessary being the proper person to explain his requirement---Without recording the statement of the son for whom the shop was required, it was not possible for the landlord to prove the personal bona fide need of his son and also the requirement could not be judged---Landlord did not make the alleged sublessee as party to the ejectment application; nor had stated in his application as to when the shop in question had been sublet---By not impleading the sublessee as a party, the ground of subletting, could not be agitated, nor it could be proved---Impugned order passed by Rent Controller was set aside and ejectment application filed by the landlord was dismissed, in circumstances.