Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)--S. 17(4)(b)(ii)---Bona fide personal need of landlord ---Ejectment of tenant--­Pre-conditions---Landlord seeking ejectment of tenant must prove that he is not occupying in the Cantonment area or in any local area in the vicinity thereof, in which such building is situate, any other such building for the purpose of his business---Such building, however, must be suitable for needs of landlord at the relevant time---Expression "building" used in S.17(4)(b), Cantonments Rent Restriction Act, 1963 only refers to premises owned by the landlords but not to rented building---Where tenant in his written statement had not raised any plea that premises in occupation of the landlords were sufficient for their needs and tenant was also unable to demonstrate that the need of the landlords was not bona fide, ejectment petition of the landlords was not liable to be dismissed on account of failure on the part of the landlords to discharge their burden of proof. Sheikh Muhammad Ayaz v Malik Ishtiaq 1996 SCMR 19 distinguished. Chaudhary Nazir Ahmad v. Mrs. Mariam Salauddin Khawaja PLD 1994 Lah. 252; Abdul Aziz v. Muhammad Ibrahim PLD 1977 SC 442 and Abdul Salam v. Dr. Najam Parvez 1976 SCMR 52 ref. ORDER MAMOON KAZI, J.---Ejectment application filed by the petitioner before the Additional Controller of Rent, Clifton Cantonment, Karachi, seeking ejectment of the petitioner from Shop No.6/2, situated on Plot No.2-C, Stadium Lane No.3, Phase-V, Defence Housing Authority, Karachi, was granted vide order, dated 1-4-1998 against which an appeal was filed by the petitioner in the High Court. Initially ejectment was sought on the grounds of default, subletting, damage to the property and personal requirement of the respondents, but subsequently the first three grounds were dropped and ejectment was sought on the ground of personal need only. Both the learned Controller as well as the learned Judge in the High Court appear to have proceeded on the ground that during the cross-examination of the petitioner, he had himself conceded that the respondents had needed the premises in dispute for their personal bona fide use. Such evidence coupled…

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