Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)------S. 17---Bona . . fide personal need of landlord---Landlord, a retired headmaster had stated on oath that he had constructed his residential house alongwith a garage and rented out the garage by converting same into a shop in order to pay back the loan obtained from 'House Building Finance Corporation and loan having been repaid, he wanted the premises back for his personal use for safe parking of his car--Such statement of landlord had not been shattered or effectively rebutted in defence, rather was supported by the admissions contained in the statements of the witnesses examined by the tenant that the shop in dispute was a part of the landlord's residential house and he owned a car---Nothing was available on record to suggest that shop in question was not an, integral part of the residential house. of landlord--­Landlord admittedly owned a car and the shop in question was originally a garage, therefore, he was .well within his right to use the premises as a garage and as such it could not be said that personal need set up by landlord was not bona fide. (b) Cantonments Rent Restriction Act (XI of 1963)----S. 14---Temporary'use of a part of a residential house for commercial purpose, would not change its essential. character as a part of residential building. Syed Amjad Ali Shah's case -PLD 1985 SC 242; Raja Qurban Khan's case 1980 SCMR 590; Muhammad Ramzan's case 1985 SCMR 2082(2); Ghulam Rasool Shah's case 1986 SCMR 1605; Nasiruddin Khan v. Abdul Majid 1987 CLC 2029; Shabbir's case 1985 CLC 2841 and Suba v. , Siraj Din PLD 1977 Lah. 1263 ref. (c) Cantonments Rent Restriction Act (XI of 1963)------S. 14---Landlord renting out a part of his house for non-residential use for earning additional income to clear his debts, need not seek permission of Rent Controller under S.14, Cantonments Rent Restriction Act, 1963 for such conversion. Gul Zarin Kiani, Advocate Supreme Court and Ch.Akhtar Ali, Advocate-on-Record for Petitioner. Manzoor Ahmed Rana, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Respondent. Date of hearing: 15th March, 2000. ORDER IRSHAD HASAN KHAN, C.J.--Petitioner filed an…

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