Law: Cantonments Rent Restriction Act, 1963

Section: XI,17(4),17(5),17(6)

(a)    Cantonments Rent Restriction Act ( XI of 1963)------- S. 17(4) --- Eviction of tenant --- Personal bona fide need---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- Personal bona fide need is one of the recognized grounds for eviction of a tenant from the rented premises under S.17 of the Cantonments Rent Restriction Act, 1963('the Act 1963')---Whenever a landlord pleads that the rented premises is required by him for his personal need bonafidely, assertion on oath by the landlord that he requires the property in good faith for his personal use shall be sufficient to accept his bona fide, if such assertions are consistent and in conformity with the averments of the ejectment petition--- Such statement cannot be discarded in vacuum--- Even otherwise, it is always the landlord, who is vested with the prerogative to exercise his choice for the rented premises and if he needs it bonafidely for his personal use, his claim cannot be rejected outrightly---No illegality or material irregularity was noticed in the impugned eviction order passed by the Rent Controller ---Appeal , filed by tenant, was dismissed, in circumstances.(b)    Cantonments Rent Restriction Act (XI of 1963)------- Ss. 17(4), 17(5) & 17(6)--- Eviction of tenant --- Personal bona fide need --Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --Validity--- In terms of subsection (5) of S.17 of the Cantonments Rent Restriction Act, 1963 ('the Act 1963'), the Controller shall, if he is satisfied that the claim of the landlord under subsection (4) is bona fide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller---Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in aggregate--- To this effect, subsection (6) of S.17 of the Act, 1963, cannot be ignored, which…

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