Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--S. 17---Application for ejectment of tenants---Non-joinder of all the (;j landlords in application for eviction---Effect---Such objection was not raised 'at any earlier stage before forums below---Had such objection been raised at an appropriate stage either rectification would have followed or a determinative finding had been recorded by Rent Controller and the High Court---Any one of the landlords, however, could bring an application for eviction of tenant. Parvaiz Akhtar v. Dr. Muhammad Ahsan and others PLD 1988 SC 734. and Muhammad Zaman v. Hasb-un-Nis8 and another 1991 SCMR 1307 rel. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Personal bona fide need of one of the landlords---Statement in support of bona fide need not questioned---Effect---Attorney of landlord (for whom shop in question was required) appeared in Court and stated about the need of landlord---No question in cross-examination was put to challenge bona fide need of the landlord---Contention having been raised against bona fide need in such backgrounds of record was without foundation. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Constitution of Pakistan (1973), Art. 185 (3)---Personal bona fide need of landlord---Acquisition of another property pending appeal would not bar or invalidate ejectment order already obtained by landlord---Exact location of newly-acquired property and its adequacy to meet requirements of landlord had not been established---No case was made out for leave to appeal. ORDER SHAFIUR RAHMAN, ACTG. C.J: -The successors-in-interest of the tenant under order of eviction from a shop seek leave to appeal against the judgment of the Peshawar High Court dated 1.2-10-1993 whereby their regular first' appeal against an order passed by the Cantonment Rent Controller was dismissed. 2. The landlords moved an application before the Cantonment Rent Controller under section 17 of the Cantonments Rent Restriction Act seeking eviction of the predecessor-in-interest of the petitioners from shop No. 2, 29-The Mall, Peshawar Cantonment. A number of grounds were taken for seeking eviction but the one…

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