Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(2)(i)---Default in payment of rent---Non-payment of rent being a negative fact, if landlord appeared in Court and stated on oath that he had not received rent for a certain period, it would be sufficient to discharge burden that lay under law upon him---Onus then would shift to tenant to prove affirmatively that he had paid or tendered rent for period in question within stipulated or statutory period---No convincing evidence being on record to show that tenant had either tendered or actually paid arrears of rent within statutory period of sixty days, Rent Controller was not erroneous in holding him, defaulter of rent. Najmuddin v. Zamir Ahmad PLD 1982 Kar. 188 and Inayatullah v. Zahooruddin 1987 SCMR 1313 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(4)(b) & (6)---Personal bona fide need of landlord---Assertion of landlord on oath in his ejectment application that he bona fide required shop in dispute for electric business besides being consistent with averments in his application, had neither been shaken in his lengthy cross-examination nor was disproved in rebuttal---Personal bona fide need of landlord in respect of shop in dispute had fully been proved in circumstances---In case landlord was later on proved to have perjured himself on that score, remedy under law could be pursued against him. Allah Din v. Habib PLD 1982 SC 465; Shamsul Islam Khan v. Pakistan Tourism Development Corporation Ltd. 1985 SCMR 1996; Mst. Mehr-un-Nisa v. The Controller of Rents, Hyderabad 1986 CLC 422 and Abdul Razzaq Khan v. Saleem Hidayat and 4 others PLD 1987 Lah. 47 ref. JUDGMENT This appeal is directed against the order dated 16-1-1991 of the learned Rent Controller, Cantonment Board, Peshawar whereby the appellant was ordered to vacate the disputed shop within 90 days. 2. The facts of the case are that the appellant is the tenant of shop No. 1109, situated in Kali Bari, Tipu Sultan Road, Peshawar Cantonment of which the respondent is the landlord. The relationship between the parties and monthly rent at Rs.250 per mensem is not in dispute. The respondent applied on 29-12-1988 to the…

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