Law: Cantonments Rent Restriction Act, 1963

Section: 17

  Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Eviction of tenant sought on ground of reconstruction of demised premises---Owner had every right to improve his property to augment its value and utility---Relevant Laws were not intended to arrest improvement of properties and the right of owner to better such properties as he wished it-- Premises in question, being evacuee property was described to be old and in bad shape---Landlord had already got a plan sanctioned from Cantonment Board---Tenant failed to rebut evidence produced by landlord---Landlord's requirement of premises for its reconstruction was proved in circumstances. Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment of tenant sought on ground of reconstruction of building---Essentials and scope of such requirement for reconstruction-- Proposed reconstructed building need not embrace and cover every inch of the site as a whole and not leave any space vacant on which previous building or part of same sought to be demolished existed---Such requirement for reconstruction would militate against right of improvement of property by its owner and place unreasonable restrictions on his indubitable right in that behalf---Statement on oath of landlord duly corroborated by putting in approved plan   from the Cantonment Board was sufficient proof to establish his bona fides about requirement of shop for its total demolition and reconstruction---No material evidence was brought on record by tenant to discredit or cast doubts upon reasonableness of landlord's purpose for demolition and reconstruction---Landlord was entitled to get ejectment of tenant for demolition of premises for reconstruction. Bashir Ahmad Ansari for Appellants. Sheikh Muhammad Iqbal for Respondent. Date of hearing: 18th September, 1991. JUDGMENT This is a tenant's first appeal against an order of Rent Controller, Cantt. dated 24-3-1991 directing his ejectment on the sole ground that shop in his possession was reasonably, and, in good faith required by the owner for its reconstruction in accordance with sanctioned building plan Ext.P.2. Rent Controller gave for five days to the appellant…