Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-------Ss..17(4)(e) & 24---Bona fide personal need of landlord---Landlady in her affidavit-in-evidence had stated that her husband had been transferred to Karachi and she herself was residing in her father's house---Said affidavit had not been controverted by the tenant---Landlady had proved through her evidence that premises in question was required by her for personal bona fide use and for use of her family---Tenant in circumstances was rightly ordered to be ejected from the premises on round of bona fide personal need of landlady. PLD 1995 Pesh. 9; 1987 CLC 1716; NLR 1980 Al. 451 ; 1985 CLC 2094; 1989 CLC 662; 1989 CLC 662; 1989 CLC 975; 1991 CLC 2039; 1995 MLD 847 and 1991 SCMR 1421 ref. ORDER The present appeal has been filed against the order of learned Additional Controller of Rents Clifton Cantonment who by order, dated 12-5-1998 allowed the application under section. 17 of Cantonments Rent Restriction Act, 1963 filed by applicant Mrs. Shahnaz Anwar who is present respondent. The opponent/present appellant was directed to hand over vacant possession of the demised premises within 30 days. The ejectment has been ordered on ground of default and also on the ground of personal bona fide use 'of the landlady. The learned Advocate for the appellant has submitted that in March, 1994 tenancy agreement was executed between the respondent and the appellant. The said agreement was for period of 11 months commencing from 1-4-1994. The appellant paid the agreed rent amount to Rs.88,000 in advance plus an amount of Rs.10,000 which was paid as security deposit refundable at the time of vacation of the said premises. Receipt of the said amount of Rs.98,000 was acknowledged by respondent in the said agreement and also by a separate receipt. After expiry of 11 months the respondent continued to receive the rent through cash as well as cheques which were paid to Mrs. Shamshad Abbasi, sister and attorney of the respondent who is residing in the adjacent house. The appellant tendered the rent for the month of June, 1997 vide Cheque No.0007752, dated 2-6-1997 and further rent for the month of July, 1997 vide Cheque No.0007755…

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