| Citation(s) |
|---|
| 1999 SLG 240 1999 SLD 240 1999 SCMR 20 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. I 18-P of 1998, decision dated: 6-08-1998. (On appeal from the order/judgment dated 30-3-1998 of the Peshawar High Court, A-Ahawar, passed in F.A.0. No. 15 of 1997)
MUHAMMAD BASHIR, JEHANGIRI AND ABDUR RAHMAN KHAN, JJ
Qazi Ihsanullah Qureshi, Advocate Supreme Court instructed by Mian Muhammad Ismail Qureshi, Advocate-on-Record for Petitioners. Mian Muhammad Yunas Shah, Senior Advocate Supreme Court instructed by Syed. Safdar Hussain, Advocate-on-Record for
Respondent N
Civil Petition for Leave to Appeal No. I 18-P of 1998, decision dated: 6-08-1998. (On appeal from the order/judgment dated 30-3-1998 of the Peshawar High Court, A-Ahawar, passed in F.A.0. No. 15 of 1997)
MUHAMMAD BASHIR, JEHANGIRI AND ABDUR RAHMAN KHAN, JJ
Qazi Ihsanullah Qureshi, Advocate Supreme Court instructed by Mian Muhammad Ismail Qureshi, Advocate-on-Record for Petitioners. Mian Muhammad Yunas Shah, Senior Advocate Supreme Court instructed by Syed. Safdar Hussain, Advocate-on-Record for
Respondent N
JAFFAR SHAH and ANOTHERS
VS
MIAN YAHYA SHAH and another
Law:
Section:
(a) Cantonments Rent Restriction Act (XI of 1963)--S. 17 --- Ejectment of tenant on grounds of default in payment of rent and subletting without tacit or implied consent of landlord --- Order of ejectment was maintained by High Court --- Validity --- Non-appearance of landlord as witness in support of his pleas of default in payment of monthly rent and subletting was not fatal to his case for onus to prove both pleas was entirely on tenant after same were urged in ejectment application and asserted in witness-box by landlord's attorney --- Personal appearance of landlord in witness-box in support of his pleas of default in payment of rent and that of subletting would not be sine qua non for maintaining application of eviction of tenants --- Tanant's plea that he had been paying accumulated. rent, Would not be of help to him for, acceptance thereof by attorney of landlord was of no avail to tenant for condonation of element of default in payment of rent --- Sub-tenant's induction in premises was rightly adjudged to be subletting Warranting passing of order of evicition against them --- Order of Rent Controller on grounds of default in payment of rent and that of subletting was therefore, unexceptionable. Ghulam Mohy-ud-Din v. Muhammad Ishaq and 3 others 1980 CLC 241; Muhammad Abdul Karim v. Muhammad Saleem PLD 1996 SC 252, Muhammad Yousuf v. Abdullah PLD 1980 SC 298; Muhammad Aslani and others v. Muhammad Ashraf and another 1986 SCMR 586; Inayat Ullah v. Zahoor-ud-Din and another 1987 SCMR 1313; Mrs. Alima Ahmad v. Amir Ali PLD 1984 SC 32 and Rais Illahi Bux and another v. Inamullah NLR 1981 AC 315 ref. (b) Cantonments. Rent Restriction Act (XI of 1963) --- Object of enactment of the Act --- Landlord and tenant --- Act protects tenants against eviction and enhancement of rent thereby curtails the plenary power of the landlord to deal with his property and tenant thereof--Promptness of payment of rent with option to deposit it with the Rent Controller, is, however, a condition precedent for enjoying such protection which cannot be refused on any ground. Mrs. Alima Ahmad v. Amir Ali PLD 1984 SC 32 ret. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.-This petition for…
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