Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17 & 2 (g)---Ejectment petition---Competency---Contention of landlord was that premises was required for his personal bona fide need whereas tenant contended that attorney was not competent to apply for ejectment on the ground of personal need of the owner---Ejectment petition was accepted by the Rent Controller---Validity---Tenant had admitted that the applicant was landlady but was not owner of the demised premises---Tenancy agreement was signed by the landlady with the tenant---Tenant used to pay rent to the landlady and relationship of landlord and tenant existed between the parties---Tenant could not dispute the ownership of original owner and also the relationship of landlord and tenant with the present landlady---Landlord/landlady in order to prove the personal need could examine his attorney and there was no compulsion that he must appear in the witness box---Non-appearance of landlord/landlady and his representation through attorney was not fatal for him---Nothing had been brought on record by the tenant that due to non-appearance of owner of the property injustice had been done to him---No question was put during cross-examination to the landlady by the tenant with regard to execution of power-of-attorney and personal need of original owner---Where pivotal/specific portion of the evidence went unrebutted and unchallenged in cross-examination, the same was deemed to have been admitted---Landlady had succeeded in leading reliable and sufficient evidence to prove that demised premises was required in good faith for personal need of original owner---Appeal was dismissed in circumstances. Mst. Noor Jehan Begum through L.Rs. v. Mujtaba Ali Naqvi 1991 SCMR 2300; Abdul Rauf v. Abdul Sattar 1998 SCMR 2525 and Javed Ahmed v. Muhammad Imran Malik PLD 2011 Isb. 30 rel. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S.2(g)---"Landlord"---Meaning---Person entitled to receive rent in respect of any building whether on his own account or for the benefit of another person for the time being deriving title from the landlord could be termed as "landlord". THIS JUDGMENT DELIVERED BY: ABDUL RASOOL…

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