Case Details

Citation(s)
2016 SLG 2133 2016 SLD 2133 2016 YLR 293
Peshawar High Court
F.A.O. No. 77-P of 2013, decided & hearing on 16-02-2015.
: LAL, JAN KHATTAK, JUSTICE
Khalid Mehmood for Appellant. Muhammad Tayyab for
Respondent.

NAWAB ALI

VS

. DR. UMAIR IKRAM

Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Application for ejectment of tenant---Bona fide personal need of landlord---Scope---Contention of tenant was that landlady did not appear in person before the Rent Controller and attorney was not authorized to file ejectment petition---Eviction petition was accepted by the Rent Controller---Validity---Landlord might apply to the Rent Controller for an order directing the tenant to put him in possession of the rented building if he required it in good faith for his own occupation or for the occupation of any member of his family---Landlady had competently filed the ejectment petition being owner of suit shop---Landlady had sued the tenant through her attorney---No restriction existed that landlord must appear in person to prove his plea of personal bona fide use---Appearance through attorney was as good as that of the principal---Requiring the suit shop by the landlord for his own personal need was to be considered and taken as requirement of the owner---Respondent was real son of the owner of the suit shop and had a legitimate and lawful interest in the premises---Landlady had proved through cogent, convincing and confidence inspiring evidence that premises was required to her for her personal bona fide use---Rent Controller had properly appreciated and analyzed the case evidence in its true perspective---No illegality or irregularity had been committed by the Rent Controller while allowing the eviction petition---Appeal was dismissed in circum-stances. 2001 MLD 183; 2002 CLC 1391 and 2012 CLC 1282 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 2(g)---"Landlord"---Meaning---"Landlord" was any person for the time being entitled to receive rent with regard to any building whether on his own account or on behalf of or for the benefit of any other person. THIS JUDGMENT DELIVERED BY: LAL JAN KHATTAK, JUSTICE:----------- This appeal under section 24 of the Cantonments Rent Restriction Act, 1963 is directed against the order dated 19.11.2013 of the learned Rent Controller, Mardan, Cantt: whereby ejectment petition of the respondent against the appellant has been accepted. 2. Brief facts…
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