Law: Cantonments Rent Restriction Act, 1963

Section: 17

Law: Cantonments Rent Restriction Act, 1963

Section: 17

Cantonments Rent Restriction Act (XI of 1963)-------S. 17---Ejectment petition---Personal bona fide need of premises by landlord---Proof through attorney---Scope---Appearance of attorney of landlord as witness---Validity---Not necessary for landlord to appear in witness box, rather he could examine his attorney in order to prove ground of personal bona fide need of premises---Tenant had cross-examined landlord's attorney at length, but had not put him any question regarding his appointment as attorney---Nothing on record showed any injustice which was caused to tenant due to appearance of landlord's attorney as witness---Tenant's objection was overruled in circumstances. 2002 CLC 526; Malik Muhammad Ramzan v. Messrs General Iron Stores and others 1995 SCMR 1125; Muhammad Farrukh Siddiqui v. Riaz Ahmed Khan 2000 SCMR 1356; New Trading Company v. Trustees of Haji Sir Abdullah Haroon Waqf No.1 through General Attorney and Rent Collector 1997 CLC 640 and Syed Abdul Rauf v. Abdul Sattar 1998 SCMR 2525 ref. Javaid Ahmed v. Muhammad Imran Malik PLD 2011 Islamabad 30 and Syed Abdul Rauf v. Abdul Sattar 1998 SCMR 2525 rel. M. Zahid Kabeer for Appellant. Riaz Alam Khan for Respondent No.1. Date of hearing: 8th August, 2012. ORDER ABDUL RASOOL MEMON, J.--- The appellant being aggrieved and dissatisfied with the order dated 21-11-2011 passed by the Additional Controller of Rents, Clifton Cantonment Board, Karachi in Rent Case No.59 of 2010 filed by the respondent No.1 wherein the appellant was directed to vacate the premises within 30 days, the appellant has preferred this appeal. 2. Brief facts of the case are that the respondent No.1 rented out the Premises No.81/1, 24th Street, Phase-VI, Defence Housing Authority, Karachi (hereinafter to be referred as the demised premises) at the monthly rent of Rs.55,000 as per tenancy agreement dated 20-6-2009. The amount of 11 months rent was paid in advance at the time of execution of tenancy agreement by the appellant to the respondent No.1. As per agreement 7.5% would be increased after expiry of tenancy period with the consent of the parties if the tenancy period was further extended. 3. The appellant was requested by the…

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