Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)S.17 Interpretation and scope of S.17, Cantonments Rent Restriction Act, 1963 Eviction of tenant Tentative rent order can be passed by the Rent Controller even if ground of default is not alleged for seeking eviction. Section 17 of the Cantonments Rent Restriction Act, 1963 clearly shows that grounds are mentioned specifically on which eviction can be granted and procedure is also prescribed as to how the proceedings for eviction can be commenced and dealt with. Subsection (8) of section 17 of the said Act very clearly envisages that on the first hearing of proceedings or soon thereafter as may be but before the issues are framed, the Rent Controller shall direct the tenant to deposit the rent. This is to be done mandatorily before issues are framed and it is not said anywhere that such order cannot 19e passed if eviction is not sought on the ground of default. Scheme of the Act does not show that there is nexus between tentative rent order and ground of default and both go together. It is, therefore, clear that tentative rent order can be passed even if ground of default is not alleged for seeking eviction. Mst. Mahmooda Begum v. Mst. Mahmooda Jan 1973 SCMRI131 ref. Shuja ud Din. v. Haji Masitey Khan and another 1981 SCMR 531 distinguished. (b) Cantonments Rent Restriction Act (XI of 1963) S.17 Eviction of tenant Direction to deposit past and future rent can be made in all proceedings of ejectment including proceedings initiated on the ground of personal use of landlord. Shuja ud Din v. Haji Masitey Khan and another 1981 SCMR 531 distinguished. Mst. Mahmooda Begum v. Mst. Mahmooda Jan 1973 SCMR 131 ref. (c) Cantonments Rent Restriction Act (XI of 1963) S.17(8) Provision of S.17(8), Cantonments Rent Restriction Act, 1963 is mandatory in nature Eviction of tenant Tentatively rent order Mode of deposit of rent under tentative rent, order Technical default Effect Word "shall" used in S.17(8) of the Act Connotation Imperative upon Rent Controller to direct the tenant to deposit the rent but that rent has to be deposited in his office and not anywhere else Non compliance with tentative rent order is directly…

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