Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(2)(i)---Eviction of tenant---Default in payment of rent---Scope---Tenant did not pay rent of the shop to the landlord after he became its owner through an auction---Tenant committed willful default---Consequently appeal of tenant was dismissed along with other applications. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(2)(ii)(a)---Subletting by tenant---Effect---Record showed that two persons other than the tenant were in occupation of the shop and the tenant himself was an employee somewhere else---Tenant had parted with the possession of the shop by subletting same---Appeal of tenant was dismissed along with other applications. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(2)(vi)---Eviction for tenant---Plan for demolition of building by landlord---Tenant had not been able to prove that process of demolition was aimed at only to evict him, or for his eviction any undue or illegal course had been adopted by the landlord---Appeal of tenant was dismissed along with other applications. THIS JUDGMENT DELIVERED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.- -- Appellant is the tenant in respect of shop No. 5, Ground Floor, Plot No. 10.D, Commercial Area-A, Phase II, Karachi ("the shop") owned by respondent, who filed rent case No. 23/2012 against him for ejectment on the grounds of default in payment of rent, subletting the shop and personal bona fide need. The case was decision dated: 07.07.2012 in the terms whereby the appellant was directed to hand over possession of the shop to the respondent within thirty (30) days. The appellant has challenged the said order by means of this appeal. 2. Record reflects that respondent had become owner of the building wherein the shop in question is situated by way of purchase through court auction in the year 2001. The shop was initially rented out to the mother of appellant by previous owner of the building namely Mian Zahid Ghani and after her demise, he became its tenant. Respondent in the case has alleged default against the appellant from the year 2001 to December 2008; and subletting the shop to some other persons, and himself…

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