| Citation(s) |
|---|
| 2000 SLG 1796 2000 SLD 1796 2000 CLC 274 |
Peshawar High Court
Regular First Appeal No. l of 1999, decision dated: 27-09-1999
TALAAT QAYYUM QURESHI, J
Muhammad Younis Khan Tanoli for Appellant. Syed Abdus Salam Sarwar for
Respondent
Regular First Appeal No. l of 1999, decision dated: 27-09-1999
TALAAT QAYYUM QURESHI, J
Muhammad Younis Khan Tanoli for Appellant. Syed Abdus Salam Sarwar for
Respondent
Sardar MUHAMMAD YAQOOB
VS
MUHAMMAD SALEEM
Law:
Section:
(a) Cantonments Rent Restriction Act (XI of 1963)-------S. 17---Change of ownership---Notice to tenant---Provision for issuance of notice for such change to tenant does not exist in Cantonments Rent Restriction Act, 1963. Sabz Ali Khan v. Bismillah Khan and others 1997 MLD 675 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Bona fide personal need of landlord---Failure to mention in ejectment petition by landlord that he was not occupying similar commercial property suitable for his needs---Effect---Non-mentioning of' the same was not fatal to the case of the landlord. Haji Mohibullah & Co. and others v. Khawaja Bahauddin 199(1 SCMR 1070 rel. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Bona fide personal need of landlord---Mere assertion or claim by, landlord on oath that he required the premises for his personal use, if consistent with his statement in the ejectment petition and which was not shaken in cross-examination or proved in rebuttal was to be accepted by Rent Controller as bona fide. Muhammad Haleem Siddique and another v. Dr: Huma Khusro 1997 CLC 905 and Gohar Rashid v. Fazal Hussain.Mazhar PLD 1995 Lab. 469 rel. (d) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Bona fide personal need of landlord---Non-mentioning of details of requirements in application for eviction by landlord---Effect---Such details need not be mentioned in the ejectment petition. Zahoor Din v. Muhammad Anwar Baig 1981 SCMR 1081 Muhibullah v. Khawaja Bahaoddin 1990 SCMR 1070; Mst. Sahira Bhai v. Syed Anisur Rehman 1989 SCMR 1366; Muhammad Sharif v: Nisar Ahmad 1988 SCMR 1587 and M. Amjad Bhutta and another v: Malik Abdul Hameed Tawana, District Judge, Sialkot and others PLD 1990 Lab. 412 ref. (e) Cantonments Rent Restriction Act (XI. of 1963)--- ----S. 17---Bona fide personal need of landlord---Fact that another shop was owned by father of landlord---Effect---Such fact had no direct bearing on the question of bona fide requirement of the landlord. Abdul Kalam v. Mst. Dilshad 1991 SCMR 1421 rel. (f) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Bona fide personal need of landlord-- Availability of moreβ¦
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