| Case ID |
5132df71-0661-410d-bf1d-4347f99c87a9 |
| Body |
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| Case Number |
F.A.O. No. 21 of 2018 |
| Decision Date |
Mar 26, 2021 |
| Hearing Date |
|
| Decision |
The Balochistan High Court upheld the decision of the trial court, which had ruled in favor of the Pakistan Broadcasting Corporation (PBC) for the eviction of the tenant from the flats. The court found that the PBC had provided sufficient evidence to demonstrate that the flats were needed for the bona fide accommodation of its employees. The tenant's appeal was dismissed as the Rent Controller's findings were based on a thorough appraisal of the evidence presented. The court emphasized that the landlord's right of ownership, protected under Articles 23 and 24 of the Constitution, supersedes the tenant's rights. The court ordered the tenant to vacate the premises within three months, subject to the payment of outstanding rent. |
| Summary |
This case revolves around the eviction of a tenant by the Pakistan Broadcasting Corporation (PBC) under the Balochistan Urban Rent Restriction Ordinance, 1959. The PBC sought to evict the tenant on the grounds of default in rent payment and the need for the property to accommodate its employees. The trial court ruled in favor of the PBC, citing the bona fide nature of its need, which was corroborated by the evidence presented. The High Court upheld this decision, reinforcing the principles of landlord rights and the weight of evidence in eviction cases. The judgment underscores the importance of clear evidence in establishing a landlord's bona fide requirement for property, as well as the constitutional protections afforded to property ownership. The decision highlights the balance between tenant rights and landlord needs, emphasizing the legal framework governing rental agreements and eviction processes in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Pakistan Broadcasting Corporation,
Iqra Anwar-ul-Quran Lil Itefal
|
| Judges |
ZAHEER-UD-DIN KAKAR, JUSTICE
|
| Lawyers |
Shehzad Ahmed,
Yasir Adnan,
Najam-ud-Din Mengal,
Hafeezullah
|
| Petitioners |
M/S. IQRA ANWAR-ULQURAN LIL ITEFAL THROUGH DIRECTOR
|
| Respondents |
PAKISTAN BROADCASTING CORPORATION, HEADQUARTER ISLAMABAD THROUGH STATION DIRECTOR BPS, QUETTA
|
| Citations |
2022 SLD 295,
2022 CLC 173
|
| Other Citations |
M/s F.K. Irani and Co. v. Begum Feroz 1996 SCMR 1178,
Muhammad Shoaib Alam and others v. Muhammad Iqbal 2000 SCMR 903
|
| Laws Involved |
Balochistan Urban Rent Restriction Ordinance, 1959
|
| Sections |
13
|