Law: Cantonments Rent Restriction Act, 1963

Section: 17(8)(9),24

Cantonments Rent Restriction Act, 1963 (XI of 1963)-- ----Ss. 17(9) & 24--Ejectment petition--Allowed--Filling of civil petition--Dismissed--Tenancy agreement for eleven month--Default in payment of rent for two years--Expiry of tenancy agreement--Challenge to--It is a matter of record that there has not been any further tenancy agreement hence even after expiry of agreed period of 11 months, parties would stand governed by specifically detailed terms (intentions) therefore, learned Rent Controller committed no illegality--It is quite clear and obvious that Rent Controller had confined tentative order with reference to '10% increase' which term even is not disputed by appellant by referring or placing any other tenancy agreement on record even by father and brother of Respondent No. 1 who otherwise are not signatory of tenancy agreement as 'landlord'--Not only this, but learned Rent Controller had categorically made it clear that such deposit was subject to final determination hence no harm was likely to fall upon appellant in making compliance of such tentative order which otherwise is mandatory in its nature and non-compliance thereof is directly punishable and in consequence defence of tenant can be struck off and eviction follows--Appellant prima facie failed in making compliance of such order hence subsequent action of Rent Controller was / is well within meaning of Section 17(9) of Act--Appeal was dismissed. THIS JUDGMENT DELIVERED BY: SALAHUDDIN PANHWAR, JUSTICE---.--- This F.R.A. assails order dated 24.10.2016 passed by Additional Rent Controller, Cantonment Board Clifton, Karachi, (Respondent No. 2) in Rent Case No. 17/2015 whereby appellant was directed to vacate the premises within 60 days. 2. Brief facts of the case are that Respondent No. 1 / applicant filed Application under Section 17 of the Cantonments Rent Restriction Act, 1963 before Respondent No. 2, contending that she is undisputed landlady of Office No. 3, located at 1st Floor, Plot No. 15-C, Sunset Boulevard, Phase-II, Pakistan Defence Officers Housing Authority, Karachi which was rented out to the appellant on monthly rental basis for a period of eleven months commencing from…

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