| Case ID |
3d57950a-2eb6-4b43-ba66-c3a8700c123d |
| Body |
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| Case Number |
First Appeal from Order 21 of 2004 |
| Decision Date |
Aug 12, 2005 |
| Hearing Date |
May 27, 2005 |
| Decision |
The appeal was accepted, and the judgment passed by the learned Senior Civil Judge-II-cum-Controller, Quetta on 10-5-2004 was set aside. The eviction application filed by the appellant was allowed, directing the respondents to hand over the vacant possession of the property in question within four months. The court found that the landlord's personal bona fide requirement for his son was established through independent evidence, despite the non-production of the son as a witness not being fatal to the case. |
| Summary |
This case revolves around the eviction application filed by the landlord under the West Pakistan Urban Rent Restriction Ordinance, 1959, on the grounds of bona fide personal need for his son. The court analyzed the evidence presented, including the landlord's ownership claims and the need for the property. The judgment emphasizes the importance of independent evidence in proving bona fide personal requirement, ruling that even if the son was not presented as a witness, the landlord's claim was supported by credible testimony. The case highlights legal principles surrounding eviction applications, the discretion of landlords in choosing suitable properties, and the implications of prior agreements in eviction proceedings. Keywords such as 'eviction', 'landlord rights', and 'bona fide needs' are trending in legal discussions. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
AMANULLAH KHAN, J
|
| Lawyers |
Naeem Akhtar Afghani,
Ch. Muhammad Arshad
|
| Petitioners |
SIKANDAR KHAN
|
| Respondents |
Syed ABDUL HALEEM AGHA,
Islam Coal Company,
Hazrat Agha
|
| Citations |
2006 SLD 1939,
2006 CLC 112
|
| Other Citations |
1968 SCMR 1087,
1978 SCMR 437,
PLD 1979 Lah. 453
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13,
15,
14
|