Law: Cantonments Rent Restriction Act, 1963

Section: 17,24(3),17(2),17(i)

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13(2),13(i)

(a) Cantonments Rent Restriction Act (XI of 1963)-----   ----Ss. 17 & 24(3)-Ejectment-Appeal against order of-Appellate Court has power to finally determine dispute after resettling issues, if necessary and pass any decree or order notwithstanding that appeal is as to part only of decree-Order made in favour of landlord on two out of three grounds-Appellate Court while reversing finding on two grounds may, nevertheless, record fresh finding on remaining third ground and order ejectment.   (b) Cantonments Rent Restriction Act (XI of 1963)-----   -----S. 17(2)(i) Default committed by tenant prior to coming into force of Act-Valid ground for ejectment-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (2) (i).   Where the contention was that a default in payment of rent committed by a tenant prior to coming into force of the Cantonments Rent Restriction Act, 1963, cannot be made a basis for his ejectment under section 17 of the Act because, it was urged, that would tantamount to giving a retrospective effect to that Act:   Held in essence the Cantonments Rent Restriction Act, 1963 merely creates a new forum instead of the ordinary civil Courts to decide matters between landlords and tenants relating to rented premises in cantonments. It is impossible to read the Act as destructive of any right inhering in the landlord or accruing to him under the contract of lease prior to commencement of the Act. It is true that the Court will not ordinarily give retrospective effect to a statute but that is only a canon of interpretation and not a constitutional principle. There is no constitutional reason why a Legislature cannot legislate to give a measure within its competence, a retrospective effect. Section 17(2) of the Act is in categorical terms and empowers the Rent Controller to make an order, inter alia, for the ejectment of the tenant after complying with certain procedure as to giving a reasonable opportunity to the tenant. On its plain reading any default in the payment of rent without any reference to the point of time when the default occurred would be covered by the provision of section 17(2). It is not possible to…