ZAFFAR HUSSAIN MIRZA, J.--These three petitions are by tenants of a common landlady, the respondent in all the three petitions, Mst. Safia Begum in respect of three shops in the Town of Quetta. As these shops are located adjacent to the residential accommodation in occupation of the landlady, she has succeeded in obtaining ejectment orders against the petitioner on the ground of reconstruction of a residential building on the entire plot, namely, the land covered by the shops and the residential accommodation, so that it may be put to personal use by her.
We have heard Mr. Khalid Malik learned counsel appearing for the petitioners whose main contention was that the plea of bona fide personal requirement advanced by the landlady was not in good faith, in view of the admitted position that two rooms in the same building are in occupation of another tenant by name Saleem against whom the landlady had brought no action for ejectment. Raja Muhammad Afsar, learned counsel for the caveator has on the other hand submitted the landlady does not feel the necessity to file the ejectment proceedings against the said tenant as he had already agreed to vacate the premises as soon as the other tenants do so.
Even otherwise we find this contention untenable as this plea was not raised in the written statement and is only based on certain questions put in the cross---examination to the attorney of the landlady.
3. At the conclusion of the argument learned counsel for the parties stated that the parties had agreed that the orders of eviction be modified by consent, so that the petitioners in these petitions shall vacate the premises under the eviction orders passed against them (which shall be maintained) immediately after the respondent landlady obtains possession from the aforesaid tenant Saleem and demolishes the portion in his occupation. In view of the consent statement and joint prayer on behalf of the parties we convert these petitions into appeals and order the appeals to be disposed of in terms of the consent statement with no order as to costs.