Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-------S. 17---Ejectment petition---Ground of bona fide personal need of landlord---Non-mentioning in ejectment petition and affidavit-in-¬evidence that landlord serving as Trade Commissioner in Canadian Embassy was about to retire; and that he intended to establish a Trading House in demised premises after retirement, but disclosure of such facts by him during cross-examination-Non-production of any document by landlord to show his actual retirement from service--Admission of landlord during cross-examination that adjacent property owned by him was got vacated and sold by him---Effect---No legal requirement existed to the effect that a party must offer all details through pleadings as long as relevant and necessary jurisdictional fact had been stated therein---Details of landlord's requirement of demised premises for his occupation had come on record through courtesy of cross-examiner, for which landlord could not be punished---Landlord's claim that he wanted to set up a Trading House was perfectly reasonable and acceptable as he had experience in such field for having worked with a foreign mission as its Trade Commissioner for twenty years---Landlord had sufficiently discharged onus placed on him---Tenant was bound to show that landlord's claim about his retirement from service was false, but tenant had not made any such attempt nor did suggest to landlord that his such claim was false---Landlord had not secured adjacent property through a court of law or Rent Controller, but had secured same after payment of money to its tenant---Ejectment of a tenant by not taking recourse to provision of Cantonments Restriction Act, 1963, but through a private arrangement would not be a clog on a landlord's right to seek evicition of a tenant thereunder---Remedies of enhancement of rent and ejectment of tenant could be availed by landlord simultaneously---Ejectment petition was accepted in circumstances. Gulzarin Kiani, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Shahid Mehmood, Advocate Supreme Court for Respondents. ORDER KHALIL-UR-REHMAN RAMDAY, J.---Through an order dated 2-9-2010,…

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