Law:

Section:

a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(6)---Application for restoration of possession by tenant on ground that landlords had failed to occupy premises in question and had not started their business therein, within statutory period of one month with, effect from date of delivery of possession---Entitlement to restoration of possession--­Possession was delivered to landlords in execution and thereafter, they continuously remained in possession of premises, thus, one of the elements which was necessary to constitute occupation i.e. possession stood proved--­Second necessary ingredient to constitute "occupation" i.e. preparing premises for the purpose for which they were got vacated also stood established on record---Tenant's witnesses had admitted that there was a board on the face of premises specifying business which was being carried on in the premises---Certain furniture was in the shop and some articles were being sold in the premises in question---Premises in question, were thus, in the occupation of landlords and they were carrying on their business therein--­Tenant was therefore, not entitled to restoration of possession of premises. Agha Muhammad Ilyas-v. Masjid Committee, Rahimyar Khan PLD 1968 Lah. 863;.Muhammad Rafit Ullah AM v. Imran Ansari PLD 1990 SC 369; Muhammad Afzal Khan v. Haji Abdul Jalil PLD 1981 Pesh. 157; Noor Ahmed v. Haris Bashir Ahmed 1990 AOD 332 and St. Paneras .(1877) 2 OBD 581 ret (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S 17---Bona fide personal need of landlord---Landlord after getting possession of premises trying to sell such premises---Tenant's entitlement for restoration of possession---Landlord after getting premises vacated for purpose of doing his own business, would have prerogative to sell such premises--­Tenant would have no right to dictate owner of premises not to sell the premises---Merely because landlords had not started their actual business would not make it a case of failure of landlord to occupy premises in question---Landlords having occupied premises within stipulated period, tenant was not entitled to restoration of possession. JUDGMENT This dispute in this case relates…

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