Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13A

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13A

Law: Punjab Rented Premises Act, 2009

Section: 30

(a) Cantonments Rent Restriction Act (XI of 1963)-------Ss. 17 & 24---Ejectment of tenant---Wilful default in payment of monthly rent---Change of ownership notice---Object and purpose---Premises was a residential house and after the death of landlady, tenant did not tender any rent to her legal heir but deposited rent in the name of deceased landlady---Validity---Wisdom and object of issuance of notice by new landlord was to apprise tenant regarding transfer / change of ownership / landlord enabling him to liquidate his liability regarding payment of rent---Expression "wilfully" meant intentionally and purposely as distinguished from "accidentally"---Approaching Rent Tribunal by tenant while making application for permission to deposit rent arraying original landlady (since dead) as respondent, attributing malice to her and then depositing rent in her favour though with permission of Rent Tribunal was intentional act and was not result of lack of knowledge or information regarding status of landlady---Deposit of rent in the name of dead person who initially was landlady, was neither proper nor valid or legal tender of rent---Tenant committed wilful default in payment of rent---Findings of Rent Tribunal on issue of default were not based on proper appreciation of evidence and were result of misreading and non-reading of evidence and were set aside resultantly ejectment application was allowed---Appeal was allowed in circumstances. Sardar Muhammad Yaqoob v. Muhammad Saleem 2000 CLC 274; Thekedar Jehagir v. Izat Fazeel and others 2010 CLC 64; Rukhsana Jabeen v. Additional District Judge and others 2011 CLC 1498; Sabz Ali Khan v. Bismillah Khan and another 1997 SCMR 1781 and Syed Hamid Hussain v. Mst. Humaira Ghias 1986 CLC 1873 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(6)---Ejectment of tenant---Bona fide personal need of landlord---Proof---Statement of landlord/landlady on oath deposing personal need and in view of provisions of S.17(6) of Cantonments Rent Restriction Act, 1963, sufficiently safeguarding interest of tenant is sufficient to prove bona fides of landlord/landlady claiming occupation of residential premises. Anwaar…

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