Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--- ----S.17---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant by the tenant---Scope---House in question was transferred by the tenant in the name of landlord after fulfilling formalities---Written rent agreement between the parties was on record---Tenant had failed to get declared from any competent court of law that ownership of landlord and rent agreement were result of fraud---Tenant could not question the title of landlord in presence of rent agreement---Rent Controller was not competent to decide the question of title between the parties---No illegality or legal infirmity was found in the impugned order---Appeal was dismissed in circumstances. THIS ORDER PASSED BY: MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE:---.--- This appeal has been preferred against the order of the learned Additional Rent Controller, Walton Cantt., Lahore dated 17-9-2013 whereby the ejectment petition filed by respondent against the appellant has been accepted, directing her to vacate the demised premises within 30 days. 2. Brief facts of the case are that the respondent filed an ejectment petition against the present appellant stating therein that he purchased the house in dispute from her for a consideration of Rs.29,00,000 on 31-1-2003 which was transferred in the name of the respondent in the record of DHA, Lahore Cantt. after completing all formalities. However, the possession of the house was not delivered to the respondent and a request was made by the appellant to give the said house on rent to her so that she might be able to get her new house constructed. The respondent acceded to the request of the appellant/ vendor and the house in question was given on rent to the appellant @ Rs.20,000 per month and tenancy period was fixed as 11 months, Rs.80,000 were also paid as advance rent for four months and Rs.40,000 as refundable security. Rent Deed in this regard was executed between the parties on the same day i.e. 31-1-2013. Subsequently, the appellant defaulted in payment of monthly rent, whereupon the respondent filed ejectment petition against her. The appellant submitted his contesting…

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