Haji SHER BAHADUR vs Syed RAZIK HUSSAIN
This petition for special leave arises from concurrent findings of the Rent Controller, the District Judge, and the High Court of Baluchistan ordering the ejectment of the petitioner from a residential house in Quetta. The respondent landlord sought ejectment on the ground that the premises were reasonably and in good faith required for his personal use and occupation, as his existing accommodation consisting of two rooms was inadequate for his family of eight members, whereas the petitioner occupied a larger five-room house. The petitioner contested the application, alleging mala fides, previous withdrawn ejectment proceedings on different grounds, and availability of other properties. The Rent Controller and appellate courts evaluated the evidence and concurred that the landlord's personal need was genuine and bona fide. The Supreme Court of Pakistan dismissed the petition, holding that concurrent findings of fact regarding the landlord's bona fide personal requirement, based on proper appreciation of evidence, do not warrant interference in special leave. The key principle established is that concurrent factual determinations on the adequacy of residential accommodation and the bona fides of a landlord's personal need are final unless shown to be perverse or suffering from a legal flaw.
- Whether concurrent factual findings regarding a landlord's bona fide personal requirement for a residential house can be interfered with in special leave?
- Does the withdrawal of a prior ejectment application on different grounds bar a landlord from filing a subsequent ejectment application on the ground of personal need?
- Whether inadequacy of existing residential accommodation for a landlord's family constitutes a valid ground for ejectment?
1. MUHAMMAD AKRAM, J.-On the 29th of November 1975, the Rent Controller Quetta accepted the application of the respondent herein and ordered the ejectment of the petitioner from the house in dispute situate in Quetta on the ground that he required the same in good faith for his personal use and occupation. The order was affirmed on first appeal rejected by the District Judge Quetta and upheld in second appeal which was dismissed by a learned Judge of the High Court of Baluchistan, Quetta, on the 6th of June 1977--- This is a petition for special leave by the petitioner from the impugned order thus passed by the High Court.
2. Briefly the relevant facts are that at first on the 25th of September 1971, the respondent had brought an application for the ejectment of the petitioner from the house in question on the ground of the non-payment of rent for two months and also because he required the same for the reconstruction of a portion thereof. But eventually, on the 9th of May 1973, that application was dismissed by the Rent Controller as having been withdrawn by the landlord.
3. Afterwards on the 28th of August 1973, the respondent brought second application against the petitioner for his ejectment from the same house in question. In this he alleged that he was putting up in a very small house which was not sufficient for his residential accommodation and that the house in dispute occupied by the petitioner herein was bigger and suitable to meet his requirements. He therefore, submitted that he required the same reasonably and in good faith for his personal use and occupation.
4. The petitioner in his written statement admitted the tenancy but denied the allegations of the respondent. He submitted that the respondent was residing in a house comprising two rooms, one big kitchen and courtyard having other amenities. He has a wife and four minor children (the eldest son was only 10 years old) and the accommodation presently occupied by him was suitable for his requirement. He, however, did not deny that the house in his occupation was comparatively bigger.
5. At the same time he alleged that the application of the respondent for his ejectment was mala fide, inter alia, for the following reasons :- "(a) that the existing accommodation of the respondent was suitable for his requirement ;
(b) that before this the respondent had made a previous application for his ejectment from the house on the grounds of :-
(i) non-payment of rent ;
(ii) bona fide reconstruction ; At the time he did not raise any such plea to the effect that the premises was also required by him for his use and occupation.
(c) that about III years ago the respondent after building a house consisting of three rooms, just in front of his present accommodation, has leased it out to one Mistri Muhammad Sharif.
6. At the hearing the respondent landlord produced three witnesses who stated that the house in his occupation is comprising two rooms in which he is putting up along with his family consisting of 8 members in all. In defence the petitioner produced 9 witnesses mainly to show that the respondent owned many other houses in the locality-which were let on rent by him. One of these he gave on rent to Mistri -Muhammad Sharif and a baithak was let out to one Yusaf. On going through the evidence led by the parties, the learned Rent Controller was satisfied that the respondent landlord reasonably required the house in question for his personal use and occupation. He was living with 8 members of his family in a house having two rooms and according to the evidence one of these rooms was leaking and was stored with goods in daily use by him. On the other hand the petitioner was in possession of a bigger house-in dispute comprising five rooms with all other amenities which was in good faith required by the respondent for his residential use and occupation. The Rent Controller, therefore, ordered the ejectment of the petitioner from the premises in dispute on the 29th of November 1975.
7. The order was affirmed on appeal of the petitioner which was dismissed by the learned District Judge, Quetta, on the 28th of August 1976. On going through the evidence he arrived at the conclusion that the respondent-- landlord has a large family consisting of 8 members and the house in his possession has two rooms of which one was leaking and is stored with goods of daily use. As such the existing accommodation with him was inadequate for his requirements. On the other hand the house occupied by the petitioner is a bigger one having five rooms with all other amenities which was suitable to meet his requirements. His need was thus genuine and bona fide and he was. Therefore, entitled to the possession thereof by ejectment of the petitioner.
8. After hearing the learned counsel for the petitioner we see no force in this petition which is hereby dismissed.