Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment petition---Bona fide personal need of premises by landlord---Tenant's plea that landlord was demanding increase in rent---Validity---In absence of evidence on record, mere such demand would not cast any shadow of doubt on the requirement of landlord. 1989 SCMR 1366 rel. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment petition---Bona fide personal need of premises by landlord---Proof---Landlord's statement on oath, if made in line or consistent with averments of such petition and not shaken in cross-examination or disproved in rebuttal, would establish his/her bona fide and would be liable to be accepted by Rent Controller----Principles. PLD 1990 Lah. 42; 1992 CLC 418; 1997 MLD 560; 2004 CLC 1282 and 2006 SCMR 117 ref. Maj (Retd) Tariq Javed Afridi v. The State PLD 2002 Lah. 233; PLD 1976 Kar. 747; PLD 1976 Kar. 832 and 1994 MLD 1809 rel. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Constitution of Pakistan, Art.18---Ejectment petition---Bona fide personal need of shop by landlord---Failure of landlord to mention in such ejectment petition or his evidence nature of business he wanted to commence in the demised shop---Validity---Every citizen would be at liberty to do any lawful business by virtue of Art. 18 of the Constitution---Landlord would not be bound to mention nature of business as after obtaining possession of demised shop, he might select any suitable business keeping in view his financial position, margin of profit and chances of success---Absence of choice of business would not affect bona fide personal need of land-lord---Tenant was provided safeguard under S. 17(6) of Cantonments Rent Restriction Act, 1963 in case of misuse of provision of law for personal use of demised premises by landlord. 1994 MLD 1809 rel. (d) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment petition---Default in payment of rent by tenant for three years---Proof---Tenant's statement in cross-examination that he knew about transfer of demised shop in favour of new landlord through registered deed, but he did not attempt to pay rent to…

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