- Default evidence to deny payment of rent landlady not appearing for her evidence fatal.
1995 CLC 1117
Section 13
- Minor landlord’s entitlement to seek ejectment on bonafide personal need – could apply for ejectment on ground of personal requirement – father of landlord being jobless could safely work in the shop in question for welfare and benefit of minor – minor could be equated with a widow or female being incapable of running business but entitled as landlady on ground of personal needs.
1995 SCMR 1811
Section 13
- Ejectment Proceedings – Dispute between parties about ownership of property --- Rent Controller being a tribunal of limited jurisdiction could not decide question of title.
Sh. Muhammad Khalid Vs. Muhammad Rafiq Anwar
2012 CLC 51 Lah.
Section 13(5)
- Penal action for non construction against landlord could be initiated before criminal court of jurisdiction.
Rel. 1984 CLC 2804
1995 1104
- Attorney conversant with facts of the case can depose about the facts.
- No need to give facts as to personal need in petition.
- Personal need when established burden shifts on tenant.
Contended by Ch. Khurshid Ahmad
PLD 1995 Lah. 469.
Section5-A
Section 15 & 21
- Default in payment of 25% increase in rent after every three years… being envisaged by statute, failure whereof would entail “wilful default” – Ejectment petition accepted.
Malik Abdul Aziz Vs. Maqbool Ahmad Khan
2012 SCMR 91
Section 15 read with Section 96 C.P.C
- Appeal against ejectment order passed by Rent Controller – Powers of appellate court – Such appeal was an appeal from an original decree under Sect. 96 C.P.C. Appellate Court had same powers and would perform same duties impared by courts of original jurisdiction.
Syed Ahmad Jan Vs. Anjuman e Islamia
2012 CKCD 179 (Balochistan)
Rel: 1984 SCMR 504