2006 CLC 112 QUETTA-HIGH-COURT-BALOCHISTAN

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SIKANDAR KHAN VS Syed ABDUL HALEEM AGHA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959--15 , --Ss.13 & 15---Ejectment of tenant---Bona fide personal need of landlord for his son---New cause of action---Failure to produce son as witness---Effect---Landlord filed ejectment application on the ground of bona fide personal need of shop for his son---Rent Controller dismissed the. application for the reason that two and half years prior to filing of ejectment application, .disputed shop was re-let by landlord and his son did not appear in witness box as witness---Validity---Even if landlord got possession of tenement and re-let the same, it would not negate the personal requirement of landlord---It was always discretion and prerogative of landlord to choose, which of the property was suitable for his personal bona fide requirement and occupation---As the shop was rented out two and half years prior to filing of eviction application, landlord was entitled to file eviction application on fresh cause of action---Landlord could not be non-suited on his failure to produce his son---Even if son of landlord was not produced, still personal bona fide requirement was proved through other independent evidence, being consistent with averments made in the application---Non-production of son in witness box was not fatal to the case of landlord---Judgment passed by Rent Controller was set aside and eviction order was passed against tenant---Appeal was allowed in circumstances.