Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)-------S. 17---Landlord and tenant---Dispute in regard to quantum of rent--­Tenant admitted that at one stage rent of premises was enhanced but subsequently same was reduced for he had parted with one of the rooms in his possession---Tenant was required to prove factum of reduction of rent especially when landlord had denied such assertion---Tenant had failed to bring satisfactory evidence on record in proof of reduction of rent as alleged by him---Rent was deemed to be the rent which tenant had been paying before his allegation of reduction in same. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Default in payment of rent---Contradictory evidence with regard to payment of rent---Landlord's claim that tenant did not pay him rent from 1985, was not questioned in cross-examination---No receipts were produced by tenant relating to payment of rent for specified period which was asserted by landlord to be the period of default---There being no independent evidence on record regarding payment of tent, tenant was proved to have defaulted in payment of rent---Even if tenant's word relating to payment of rent be accepted still his statement that he had paid .reduced rent as per agreement could not be believed in absence of cogent evidence in support of such assertion---Default in payment of rent was proved in circumstances. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S.17---Bona fide personal need of landlord---Landlord's case was based on his bald statement that he was in need of premises for his personal use---Such statement remained uncorroborated by any other evidence---Landlord suppressed the fact that he was in possession of premises in the same building---Such fact indicated want of good faith---Landlord for his success on ground of personal requirement was bound to disclose that he was in possession of premises in the same building; that said premises was not suitable to his needs; and he ought to have disclosed circumstances as to how premises in his possession was not suitable to his needs and how and in what manner premises in possession of tenant was suitable for his…

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