Case Details

Citation(s)
2026 SLG 1107 2026 SLD 1107
Peshawar High Court
FAO No. 175-P/2020
Presented By: (MUHAMMAD NAEEM ANWAR) JUDGE
Appellants by: Mr. Fazal Elahi, Advocate.
Respondents Mr. Shoukat Ali Advocate Date of hearing: 20.04.2026

Farman Ullah & another

VS

. Haji Said Janan and another

Law:

Section: 17

Tagline

Goodwill payment does not bar eviction; Rent Controller lacks jurisdiction to decide recovery of such amounts—remedy lies before Civil Court.


 Summary

The appellants challenged an eviction order passed under the Cantonment Rent Restriction Act, 1963. Although possession of the premises had already been handed over to the landlord, the dispute remained regarding recovery of Rs. 300,000 allegedly paid as “goodwill” to a previous owner.

The Court held that:

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