| Case ID |
0f854276-46e3-41a8-9314-29dde679d17f |
| Body |
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| Case Number |
F.A.O. No. 96 of 2018 |
| Decision Date |
Sep 24, 2019 |
| Hearing Date |
Aug 30, 2019 |
| Decision |
The appeal filed under Section 15 of the Balochistan Urban Rent Restriction Ordinance, 1959 was dismissed. The appellants were evicted from shop Nos. 13, 14, and 15 located at Imam Bargah Nasir-ul-Aza, Usman Road/Mecongy Road, Quetta. The court found that the eviction application was justified based on the landlord's need for reconstruction and personal bona fide requirements. The findings of the Rent Controller regarding the personal requirement of the respondent were considered correct and well-appraised. The court emphasized the fundamental right to property under Articles 23 and 24 of the Constitution of Pakistan, confirming the landlord's right of ownership over the tenants' rights. |
| Summary |
This case revolves around the eviction of tenants from commercial shops located at Imam Bargah Nasir-ul-Aza, Quetta, under the Balochistan Urban Rent Restriction Ordinance, 1959. The landlord sought eviction citing the need for reconstruction and personal use of the premises for religious purposes. The Quetta High Court, led by Justice Rozi Khan Barrech, upheld the eviction, emphasizing the landlord's rights under the law and the constitutional protection of property rights. The decision highlighted the importance of proper evidence, including approved site plans and the necessity of the premises for the landlord's functions. The court's ruling affirms the precedence of ownership rights over tenancy rights, especially in cases involving bona fide needs. This case is significant for landlords and tenants navigating eviction proceedings and the complexities of property rights in Pakistan. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
ROZI KHAN BARRECH, JUSTICE
|
| Lawyers |
Mr. Mian Badar Muneer,
Muhammad Usman Yousafzai,
Mr. Mumtaz Hussain Baqiri
|
| Petitioners |
MUHAMMAD NADEEM AND 2 OTHERS
|
| Respondents |
ANJUMANENASIR-ULAZA THROUGH GENERAL SECRETARY
|
| Citations |
2021 SLD 2135,
2021 PLJ 108
|
| Other Citations |
1997 SCMR 1062
|
| Laws Involved |
Balochistan Urban Rent Restriction Ordinance, 1959,
Civil Procedure Code (V of 1908)
|
| Sections |
15,
96
|