Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)-­-S.17--Eviction of tenant--Transferee of property--Written notice to tenant of such transfer not essential--Oral information to tenant as to such transfer and claiming rent from him to be deemed sufficient--Denial of relationship of landlord and tenant--Effect--Tenants neither in their written replies nor at any subsequent stage offered or expressed their willingness to pay rent to transferee-­Tenants had to fact denied title of such transferee--Once tenants denied relationship of landlord and tenant between parties and did not plead at all that they ever paid or offered to pay rent, it was not necessary for Rent Controller to go into merits of the case instituted for eviction of tenant on ground of default in payment of rent--Tenant, by denying such relationship does not forfeit tenancy under provisions of Transfer of Property Act but his denial of landlord's title would be relevant for purpose of granting or refusing him equitable discretionary relief when such denial is coupled with a manifest breach of his statutory duty for payment of rent. Amanullah Khan v. Chotey Khan 1978 S C M R 14; Muhammad Yusuf v. Khalifa Asghar Hussain 1980 S C M R 886; Feroze Din v. Mst. Meraj Begum and others 1982 S C M R 1117; Syed Mehboob Ali and others v. Ghulam Rabbani and others 1985 S C M R 938; Muhammad Aslam Shah v. Abdul Ghafoor 1979 S C M R 443 and Makhan Bano v. Abdul Ghani P L D 1984 S C 17 rel. (b) Cantonments Rent Restriction Act (XI of 1963)-- ---S.17--Eviction application filed on more than one grounds--When landlord succeeds on one ground, it is not necessary for Rent Controller to go into other grounds. Atiq-ur-Rehman Qazi, Advocate Supreme Court for Petitioners. Nemo for Respondent. Date of hearing: 31st October, 1988. ORDER NAIMUDDIN, J.--Respondent filed an application under section 17 of the Cantonment Rent Restriction Act, 1963, in the Court of Additional Controller of Rent, Peshawar Cantt. for eviction of the petitioners from quarter (katcha kotha), situated on a plot bearing No.173-A, near 25 Mall Road, Peshawar Cantt, on the grounds of default in the payment of rent and reconstruction claiming himself to…

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