Law:

Section:

The appellant is aggrieved by the judgment/order, dated 7-4-1990 passed by the Additional Controller of Rent Cantonment, Karachi in Rent Case No.14 of 1988 under section 17 of the Cantonments Rent Restriction Act dismissing her rent application on the ground of personal bona fide requirement of Shop No.1, 22-C, Commercial Area, Defence Housing Authority, Karachi.

Briefly stated the facts are that respondent is a tenant of the appellant in respect of the said shop at rent of Rs.300 per month exclusive of other charges. Her husband namely Lt.-Coloncl Retired Nazir Ahmed who is a retired Army Officer doing his business at 3rd floor, Al-Farid Centre, Karachi has been suffering from cardiac trouble since March, 1987. His doctor had advised him not to gel himself engaged in stress relating conditions and strenuous activities such as climbing of stairs, running etc. His office is on 3rd floor but the lift of the building remains out of order and at times does not work. Consequently her husband required office premises on ground floor for with reason she required the demised shop from the respondent. -The ejectment application was opposed vehemently by the respondent stating that he had paid Rs.60,000 to the appellant as Pugri for the shop and the earlier Rent Application No.10 of 1980 riled by the appellant on the grounds of default in payment of rent and subletting as well as appeal preferred for her was dismissed. He denied that the premises in good faith is required by her. It is also denied that the lift of the office premises of the applicant's husband remains out of order which according to him is in a perfect working order. It is asserted that the applicant's husband enjoys normal health. Other averments are also denied for want of knowledge.