Law: Cantonments Rent Restriction Act, 1963

Section: 17

  Cantonments Rent Restriction Act (XI of 1963)--- ---- S. 17(2)(i)---default --- Once tenant had committed default by not tendering rent within the stipulated/prescribed period, he would be liable to ejectment irrespective of subsequent tender of rent in lump sum. Appeal allowed Cantonments Rent Restriction Act (XI of 1963)--- ---- S. 17(4)(a) --- Personal bona fide requirement --- Suitability and sufficiency of accommodation was the prerogative of landlord and tenant had not been given power to determine where landlord should presently reside --- Tenant also could not object if landlord showed extravagance in occupying big premises owned by him. Mst. Muhammad Nisa v. Anwer Ali 1989 C L C 157; Muhammad Ismail v. Muhammad Riazul Haq 1989 C L C 541; Karimuddin Shad v. Mst. Fatima Mian Ahmed 1989 C L C 545; Mst. Rehana Abrar v. Inamuddin Malik 1989 C L C 616; Tajammal Hussain Shah v. Mst. Taj Aslam 1989 C L C 662 and Messrs Tiger Wire Products Ltd. v. S. Abrar Hussain 1983 S C M R 402 ref. Ch. Muhammad Sadique for Appellant. Qazi Khalid Ali for Respondent. Date of hearing: 7th March, 1991. JUDGMENT This appeal under section 24 of the Cantonments Rent Restriction Act, 1963, is filed against the order of the Additional Controller of Rent, Clifton Cantonment, Karachi, dated 18-11-1989, by which he directed the eviction of the appellant from the demised premises within a period of 45 days. The facts are simple and may be briefly summed up. Respondent Vice- Admiral (Retd.) lqbal F. Quadir is the owner/landlord of residential premises bearing No. 5-A, Street 23, Phase V, Defence Housing Authority, Karachi. He was serving as an Ambassador of Pakistan to Mauritius, when his sister and attorney Dr. (Mrs.) F.A. Qureshi leased out the ground floor of this premises to the appellant for a period of 11 months commencing from 1-9-1984 to 31st July 1985, at a monthly rent of Rs.3,000. The tenancy was regulated by an agreement, which besides other terms and conditions provided as follows:-- "The lessor shall have the option of renewal of the lease on mutually agreed terms and conditions for such further period of time on which the parties hereto may mutually agree upon…