2011 CLC 1606 QUETTA-HIGH-COURT-BALOCHISTAN

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MEHMOOD KHAN VS MUHAMMAD IBRAHIM Ejectment of Tenant--TERM , West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13---Ejectment of tenant---Bona fide personal need---Old age of landlord---Allegation of selling the property by landlord---Ejectment application was filed by landlord on the ground of personal need and the same was allowed by Rent Controller passing eviction order against tenant---Plea raised by tenant was that landlord was an old man who was not capable to start or run a business rather he had intention to sell the premises---Validity---Nothing was available on record to show that landlord had become too old and that it would be difficult for him to do any business---Landlord had four sons and his bona fides could not be doubted on the grounds that he had grown old and he would be assisted by his son in conjunction of whom he would start business in disputed shop---Even if landlord had expressed his desire to sell out the disputed shop that should not be permitted to come in his way in getting his tenant ejected, if tenant had succeeded otherwise, in establishing his case on the ground of personal requirement---It was proved that landlord's demand for vacation of disputed premises had been made in good faith---High Court declined to interfere in eviction order passed by Rent Controller against tenant---Appeal was dismissed in circumstances.