Law: Cantonments Rent Restriction Act, 1963

Section: 17,17(2),17(9)

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S.17---Ejectment of tenant---Bona fide personal need of landlord---Proof---Ejectment of tenant was sought on the plea of personal need of landlord but Rent Controller dismissed the application---Validity---Assertion on oath by landlord that he required property in good faith for his personal use, was sufficient to accept his bona fides if such assertions were consistent with and in conformity to averments ofapplication---Averments of application were in line and harmony with statement oflandlord made on oath duly supported by statement of his witness, therefore, it stoodproved that landlord required suit shop in good faith for his personal requirement---High Court set aside passed by Rent Controller and ejectment order was passed in favour of landlord---Appeal was allowed in circumstances. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S.17 (9)---Ejectment of tenant---Bona fide personal need of landlord---Protection to tenant---Scope---Provision of S. 17(9) of Cantonments Rent Restriction Act, 1963, affords sufficient protection to tenant in case landlord does not occupy premises after getting it vacated through eviction order under S. 17(2) of Cantonments Rent Restriction Act, 1963. 1996 SCMR 97 and 382 rel. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN AKHUNDZADA, JUSTICE:---.--- This appeal is directed against the order dated 23-5-2012 passed by the learned Controller of Rents Cantonment Board Nowshera through which the ejectment petition filed by Miraj-ud-Din appellant/landlord for eviction of Ali Ahmad Siddique and his son Shoaib Ahmad Siddique respondents/tenants from the shops in question, was dismissed. 2. Briefly stated the facts are that Miraj-ud-Din appellant/landlord instituted an application on 9-6-2009 under section 17 of the Cantonments Rent Restriction Act, 1963 (XI of 1963) for ejectment of Ali Ahmad Siddique and his son Shoaib Ahmad Siddique respondents/ tenants from the suit shops bearing Nos. 1081/1-B and 1081/1-C situated at Chungi Street, Main Bazar Nowshera Cantt: on the grounds of personal need and default in payment of rent. In reply submitted by the respondents, the claim…

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