Law: Karachi Rent Restriction Act (VIII of 1953)

Section: 10

  Karachi Rent Restriction Act (VIII of 1953), S. 10- Tenancy case, plain and simple-Cannot be taken out of purview of Act by raising pleas of "recission, breach, or specific performance"of contract or of a plea of "special case".   Karachi Rent Restriction Act (VIII of 1953), S. 10 read with S. 19 (b)-Controller accepting afdavit from sub-tenant during inspection of premises and basing his findings on such affidavit --Disapproved-Quasijudicial nature of proceedings.   Karachi Rent Restriction Act (VIII of 1953), S. 10 (2) (b)-Sub-tenant-Implied permission of landlord inferred from circum stances-Grant of certificate to landlord disapproved-[Ahmed v. The Chief Judge, Karachi Small Causes Court P L D 1958 Kar. 42 and Watson v. Saunders-Roe Ltd. 1 K B 437 ref.]   Karachi Rent Restriction Act (VIII of 1953), S. 10 (2) (f ) Premises, bona fide and reasonably required for own use or for use of any person for whose benefit premises are held"-[Son after clearing his law education required by father to join him in hotel business]-[Economic dependence of such person or dependence for accommodation]-[Rekhabchand Doogar v. J. R. D'Criz 26 C W N 499 ; Epson Grand Association Ltd. v. E. J. C larke 35 T L R 525 ; A I R 1951 Pat. 496 ; Raniklal v. Vithal Pandurang A I R 1952 Nag. 312 ; Beharilal v. Premchand A I R 1953 Nag. 414 and Messrs Rajani Kanta Tarak Nath Das v. Mst. Moazzama Begum P L D 1960 Dacca 379 ref.] JUDGMENT   FEROZE NANA GHULAMALLY, J.-This is a Writ Petition under Article 2 (4) of the President's Post Proclamation Order I of 1958, by the petitioners praying that the orders of the respondents 1 and 2 dated 10-2-1962 and 8-7-1961 respectively be quashed, and that the respondent No. 3 be restrained from taking any proceedings on the basis of these two orders.   The proceedings in this case started on an application dated the 6th August 1959 made under section 10 of the Karachi Rent Restriction Act, 1953 by respondent No. 3, Muhammad Shaft, contending that he was the owner of the land with the buildings standing thereon having acquired it in 1947, and after renovating it, had made it fit for use as…