Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)-------Ss. 17(2)(iv) & 17(4)(a)(i)---Bona fide personal need of landlord---Failure to specify personal need in application---Effect---Premises was required by landlord for reconstruction of residential house for his son---Landlord in his application for ejectment of tenant mentioned a generalised kind of personal need ---Effect--­Landlord had tried 'to reserve a comprehensive and wide scope so as to fit in any kind of need at the stage of recording his evidence---Only at the time of recording of evidence, the landlord stated that the premises was required for construction of a house for his son---Validity---Such fact was never disclosed in the application, nor for the purpose of proposed construction, the landlord prepared or got approved any site plan from the Authority concerned---Even no such permission was obtained from any Authority, to prove the genuineness of the need---Landlord failed to establish bona fide personal need in circumstances. (b) Words and phrases--- ---------Desire" and "need"---Distinction---Desire cannot be considered as a need because the latter implies want of something without which one cannot well do and element of compulsion is embodied therein. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17(2)(1) & 24---Default in payment of monthly rent ---Ejectment sought on ground of default in payment of rent---Contention raised by the tenant was that he had been depositing rent in the name of previous landlord ---Validity--­Where the tenant failed to prove his contention through reliable evidence, deposit of such rent could not be accepted on mere oral assertion and as such the tenant failed to discharge his burden of proof. PLD 1982 Lah. 704; 1988 MLD 479; 1997 CLC 403 and 1993 MLD 2083 ref. Muhammad Siddique v. Muhammad Ilyas 1979 CLC 730 distinguished. Syed Riaz Ali v. Shabbir Ahmad Khan 1971 SCMR 598; Sabz Ali Khan v. Bismillah Khan and others 1997 SCMR 1781; Sh. Muhammad Riaz v. Mst. Nasim Akhtar and 4 others 1981 SCMR 979(1) and Prof. (Retd.) Masoodul Hassan v: Muhammad Iqbal PLD 1998 Lah. 177 rel. JUDGMENT This single judgment shall dispose of two First Appeals…

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