4

ORDINANCE III OF 1980 ORDINANCE III OF 1980 BALUCHISTAN URBAN RENT RESTRICTION (AMENDMENT) ORDINANCE, 1980 4. Substitution of section 13‑B in Ordinance No. VI of 1959.‑In the principal Ordinance for section 13‑B, the following shall be substituted, namely:‑ "13‑B. Eviction of tenants where tire landlord is a salaried employee widow of minor orphan.‑(1) Notwithstanding anything contained in this Ordinance or any other law for the time being in force‑ (a) in a case where the landlord has died; or (b) in a case where the landlord is a salaried employee and has retired or is due to retire within a period of six months. a notice in writing may be given by such landlord or the widow or minor of the deceased landlord, as the case may be, to the tenant of a building informing him that he or she needs the building for personal use and requiring him to deliver vacant possession of the building within a period of two months from the date of receipt of the notice: Provided that no application under this section shall be maintainable if it is made after six months from the date of the death of the landlord or in the case of the retirement of a salaried person, before six months from or after six months of the date of his retirement: Provided further, that, in a case where the landlord has died or a salaried person has retired before the commencement of this Ordinance an application may be made within a period of six months from the date of such commencement. (2) The right to seek ejectment under subsection (1) shall also be available to a landlord of a building who is the wife, husband or a minor child of a salaried employee referred to in subsection (1). (3) In the case of a landlord referred to in subsection (1) or subsec tion (2) who happens to be a landlord of more than one building. Whether or not in the same locality, action as provided for in this section shall be competent in respect of one of such building only. (4) A landlord referred to in clause (b) of subsection (1) or in subsec tion (2) who is in occupation of a building owned by him shall not be entitled to seek ejectment of a tenant from a building situated in the locality in which the building in occupation of the landlord is situated unless he offers the building in his occupation in exchange of the building in possession of the tenation such terms and conditions and on payment of such rent as may be determined by the Controller: Provided that the benefit of exchange shall not be available to the tenant who refuses to accept the offer or the terms and conditions and the rate of rent determined by the Controller. (5) A tenant who on receipt of the notice referred to in subsection (1) fails to deliver vacant possession of the building to the landlord or to the widow or minor orphan of the deceased landlord within the time allowed in the notice shall be liable to be ejected summarily by the Controller on an application being made to him in this behalf. (6) On an application being made to him under subsection (5) the Controller shall issue a notice the tenant and on being satisfied with the bona fide of the request of the landlord or the widow or minor orphan of a deceased landlord, shall order the summary ejectment of the tenant. (7) A landlord or a widow or orphan of a deceased landlord referred to in subsection (1) or subsection (2) who, within one year of his having obtained possession of :t building as provided for in subsection (6), relets the building to any person other than the previous tenant, shall be punishable with fine which may extend to Rs. 5,000, unless the benefit derived by the landlord is greater than the amount of fine in which case it shall be equal to the annual rent obtained by him by releting the building.