| Case ID |
08e60259-ec83-43e7-b5ec-40fe6dc48d65 |
| Body |
View case body. Login to View |
| Case Number |
F.A.O. No. 62 of 2018 |
| Decision Date |
Aug 27, 2019 |
| Hearing Date |
Aug 23, 2019 |
| Decision |
The appeal filed by Muhammad Zahid under Section 15 of the Balochistan Rent Restriction Ordinance was dismissed as it was found to be devoid of merits. The court upheld the decision of the Rent Controller, which had allowed the eviction petition filed by the landlord, stating that he required the premises for personal bona fide needs related to his business expansion. The court ruled that the landlord is entitled to choose any of his properties for personal use, and the non-appearance of the landlord as a witness did not detract from the credibility of the attorney's testimony, which was considered reliable and consistent. Consequently, the appellant was directed to vacate the premises within two months. |
| Summary |
In the case of F.A.O. No. 62 of 2018, the Balochistan High Court addressed the issues surrounding the eviction of a tenant based on the landlord's bona fide need for the premises. The court analyzed the provisions of the Balochistan Urban Rent Restriction Ordinance, specifically Section 13, which allows landlords to evict tenants if they can demonstrate a genuine need for the property. The ruling emphasized that landlords have the discretion to choose among their properties for personal use, and that the non-appearance of the landlord at the hearing did not undermine the validity of the attorney's statement provided during the proceedings. The decision reaffirmed the legal standards regarding tenant evictions and the evidentiary weight of testimonies provided by attorneys acting on behalf of landlords. This case is significant for both landlords and tenants, as it clarifies the rights of landlords to reclaim properties for legitimate personal use, while also highlighting the importance of sufficient evidence in eviction proceedings. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, JUSTICE
|
| Lawyers |
Ajmal Khan Kakar,
Usman Lasi
|
| Petitioners |
MUHAMMAD ZAHID
|
| Respondents |
ABDUL HAMEED BALOCH
|
| Citations |
2020 SLD 770,
2020 CLC 717
|
| Other Citations |
PLD 1995 Lah. 469,
2000 CLC 274,
Mehmood Khan v. Muhammad Ibrahim 2011 CLC 1606,
Muhammad Ibrahim v. Abdul Salam PLD 2016 Bal. 76,
Bakht Zamin Shah v. Faiz Muhammad Khan 2003 CLC 1121
|
| Laws Involved |
Balochistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13
|