Law: Cantonments Rent Restriction Act, 1963

Section: 17,17(4)(b),17(6)

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Bona fide personal need of landlord---Demand of increase in rent---Effect---Even if demand of increase in rent was presumed, the same would not cast any shadow on bona fide personal requirement of landlord. 1989 SCMR 1366 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(4)(b)---Bona fide personal need of landlord---Tenant having a premises of his own where he could conveniently shift his business--­Landlord was not occupying any shop independently in his own right in the Cantonment area or in the vicinity thereof and had not vacated such a building in the area---Rent Controller allowed the ejectment petition and ordered for ejectment of the tenant---Validity---Landlord having fulfilled requirements laid down by S.17(4)(b) of Cantonments Rent Restriction Act. 1963, tenant was liable to be ejected---Rent Controller had properly assessed the evidence on record and came to right conclusion, which did not warrant any interference by High Court---Appeal was dismissed accordingly. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(6)---Bona fide personal need of landlord---Penal provision---Right of restoration of possession to tenant---Scope---Provision of S.17(6), Cantonments Rent Restriction Act, 1963, provides a check on, mala fide proceedings of landlord---Where the premises is not occupied by landlord within one month from the date of obtaining its possession, the provision ensures a right of restoration of possession to the tenant who has been dispossessed from the premises. JUDGMENT This appeal is directed against the order of the Additional Controller of Rent, Peshawar. Cantt. dated 23-9-1998 whereby he passed an ejectment order against the tenant-appellant from the suit Shop No.329/330, Jinnah Street No.2, Peshawar Cantt: and he was directed to hand over the vacant possession of the suit shop to the landlords/respondents within 30 days from the date of the order. 2. Brief facts of the case are that Khalid Hussain and four others, landlord/respondents filed an application for the eviction of Faqir Khan tenant/appellant under section 17 of the Cantonments Rent…

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