Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Default in payment of rent---Original landlord having died, tenant in spite of such knowledge did not pay rent to successor landlady i.e. heir of original landlord---Evidence on record indicated that deliberate default in payment of rent had been committed for which no justification existed, therefore, consequential order of ejectment by Rent Controller would not call for interference. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(4), proviso ---Ejectment of tenant---Premises were not expressly let out for purpose of restaurant; proviso to S.17(4), Cantonments Rent Restriction Act, 1963 was, thus, not applicable---Tenant, therefore, was not entitled to two years' notice---Order of ejectment passed by Rent Controller on that score would not call for any interference. THIS JUDGMENT DELIVERED BY: M. L. SHAHANI, JUSTICE;---.--- This appeal by tenant calls in question an order passed by learned Additional Controller of Rent, Clifton Cantonment, Karachi (hereinafter referred to as 'Rent Controller') ordering ejectment of appellant-tenant on the grounds of default, and personal use by the landlord vide order dated 28-12-1991 under the Cantonments Rent Restriction Act, 1963 (hereinafter referred to as an Act of 1963). 2. Briefly the facts of the case are that the appellant was inducted as tenant by the late landlord Wing Commander Khalidur Rehman since 1st .February, 1975. After his death on 5th October, 1988 the respondent claims that the appellant has not paid the rent since July, 1988 and she further claimed that the premises are required by her for her personal use in good faith and filed such application before the Rent Controller under the Act of 1963 on 12th December, 1989. The appellant resisted the said application for ejectment and stated that the rate of rent is Rs.500 per month now, rent for the month of July, 1988 to 31st December, 1988 was paid by Pay Order, dated 17th July, 1988 which was encashed by the late landlord in his lifetime. The rent from January, 1989 to June, 1989 was tendered through Pay Order dated 25-1-1989 and sent through registered A/D post but the same…

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