Case Details

Citation(s)
2011 SLG 2045 2011 SLD 2045 2011 YLR 182
Sindh High Court
F.R.A. No. 4 of 2010, decided on 29th October, 2010. DATE of hearing: 22nd October, 2010
IRFAN SAADAT KHAN, J
S.M. Imran Ahmed for Appellant. Rafique Ahmed for
Respondent

UMAIR AHMED

VS

MUHAMMAD JAMEEL

Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17(4)(b) & 21---Ejectment of tenant---Bona fide personal need of landlord---If a landlord was having a number of shops, it was for the landlord to decide as to which shop he wanted to occupy---No bar or restriction in that regard could be imposed on the landlord not to get vacation of anyone of his shops of his own choice where he wanted to conduct his business---In the present case landlord who was an old person, required shop in dispute for his own personal bona fide use---Counsel for the tenant was not able to demonstrate the apprehension that said shop would either be let out to some other person or the said shop could not be used other than for his own personal bona fide use---Even counsel for the landlord assured that shop was not needed either for subletting the same on enhanced rent or was an. attempt to extract enhanced rent from the tenant or to exert pressure on the tenant to indulge with landlord for entering into a new rent agreement for enhancement of rent---Landlord had been successful in demonstrating before the Rent Controller that shop in question was required by him for his personal bona fide use---Order passed by the Rent Controller whereby tenant was ordered to vacate shop in question was affirmed by High Court, in circumstances. 1997 MLD 560; 1998 CLC 937; 1983 CLC 2511; 1982 CLC 1847; Sardar Muhammad Yaqoob v. Muhammad Saleem 2000 CLC 274 and PLD 2002 Lah. 267 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(4)(b)---Ejectment of tenant--Bona fide personal use of landlord--- "Own use"---Scope---Term "own use" as appearing, in S.17(4)(b) of Cantonments Rent Restriction Act, 1963, was wide enough to embrace therein the need of a shop for own business use---Said terminology could not be given a restricted meaning---Landlord had prerogative to choose the premises where he wanted to conduct his business; and if the landlord had duly acquitted himself by stating on oath that his requirement of the said premises was in good faith, the landlord had to be deemed to have discharged his 'burden, even if the landlord was having some other property. Tarique Masood v.…
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