| Case ID |
422f84c4-c9c8-4871-84ae-aa98085cc29a |
| Body |
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| Case Number |
F.A.O. No. 95 of 2010 |
| Decision Date |
Nov 23, 2011 |
| Hearing Date |
Nov 11, 2011 |
| Decision |
The appeal was dismissed as the landlord proved that the shop was required for personal use and occupation by himself and his son, who was jobless. The court found that the landlord had the right to choose any of his properties for personal use, and there was no evidence of mala fides on his part. The previous eviction application did not bar the current one, as new grounds had become available for the landlord's claim. |
| Summary |
This case revolves around the eviction application filed by Khalid Zaman against his tenant, seeking possession of a shop based on personal bona fide need. Despite previous litigation, the court upheld the landlord's claim for the necessity of the shop for personal use. The ruling emphasized that landlords have the right to establish new businesses and choose any of their properties for such purposes. The decision aligns with the West Pakistan Urban Rent Restriction Ordinance, which allows for eviction on genuine grounds. The court's analysis affirmed the importance of establishing bona fide need and the absence of mala fides in eviction applications. The landlords' ability to pursue multiple eviction applications based on available grounds was also upheld, ensuring a fair process for both landlords and tenants in commercial property disputes. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM MUSTAFA MENGAL,
HIDAYAT ULLAH PEERZADA
|
| Lawyers |
Zahid Malik,
H. Shakeel Ahmed,
Ayaz Sawati
|
| Petitioners |
Zahid Malik
|
| Respondents |
Khalid Zaman
|
| Citations |
2012 SLD 844 = 2012 YLR 316
|
| Other Citations |
F.K. Irani and Co. v. Begum Feroze 1996 SCMR 1178,
Dr. Arbab Ali Ahmed v. Sarwar Khan 2000 MLD 87
|
| Laws Involved |
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
|
| Sections |
13,
15
|