Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-------S. 17(8)(9)---Constitution of Pakistan, Arts.10-A & 199---Ejectment petition---Right to fair trial---Non-compliance of order for payment of rent---Striking off defence of tenant---Proceedings under Cantonments Rent Restriction Act, 1963---Scope---Rented property being situated in Cantonment limits, controversy could only be resolved under provisions of Cantonments Rent Restriction Act, 1963---Vires of provisions of Cantonments Rent Restriction Act, 1963 after enactment of Art.10-A of the Constitution could not be challenged in rent proceedings bypassing the remedy under Art.199 of the Constitution---Rent Controller was not required to record evidence for passing an order under S.17(8) of the Cantonments Rent Restriction Act, 1963---Rent Controller was competent to pass rent (payment) order on the basis of material available on record---Non-payment of rent, in the present case, was admitted---Rent Controller had no option but to strike off the defence of tenant under S.17(9) of the Cantonments Rent Restriction Act, 1963---Appeal was dismissed. JUDGMENT FAROOQ ALI CHANNA, J.---Appellant Mrs. Farahat Liaquat Dairkee has filed this First Rent Appeal against the order dated 24-10-2013 passed by learned Additional Controller of Rents, Clifton Cantonment, Karachi (hereinafter referred to as "trial Court") whereby the defence of appellant in terms of section 17(9) of the Cantonments Rent Restriction Act, 1963 (hereinafter referred to Act 1963) was struck off and the appellant was directed to hand over the vacant possession of Apartment No.101, 1st Floor, Block-B, Creek Vista Apartments, Phase VIII, Defence Housing Authority, Karachi (hereinafter referred to as demised premises) within 30 days to the respondent. 2 Briefly the facts giving rise to file this First Rent Appeal are that the respondent being owner of demised premises rented out the same to appellant at monthly rent of Rs. 55,000 for a period of five years commencing from 1st May, 2011 to Ist May, 2016 with ratio of 5% increase after every eleven months, under tenancy agreement dated 4-4-2011. The appellant paid to the respondent Rs.55,000 as advance…

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