Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--S.17---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to consider; whether in view of pendency of appeal proceedings relating to ownership of property, in circumstances of present case, relationship of landlord and tenant existed between parties; whether, present case was not distinguishable from other similar cases of ejectment forthwith on ground of default in payment of rent, after decision of issue relating to relationship against tenant, without further examining the issue relating to default in payment of rent; distinguishing feature being that it was not an old tenancy under respondent who was new purchaser and default found by Courts below was of very short period. (b) Cantonments Rent Restriction Act (XI of 1963)--­ ----S.17---Denial of relationship of landlord and tenant---Tenant objecting to order of ejectment on ground that though his suit claiming ownership of house had been dismissed, but his appeal was still pending, therefore, till decision of that appeal, order of ejectment should not have been passed by Rent Controller---Tenant's contention had no force---Rent Controller, on basis of evidence was competent to decide controversy between parties. (c) Cantonments Rent Restriction Act (XI of 1963)--­ ----S.17---Default in payment of rent---Proof---Landlord having purchased house on 7th October, 1985, his competency to claim rent for the whole month of October could not be challenged---Landlord having stepped into the shoes of previous owner was entitled to payment of rent for the whole month of October as tenancy admittedly started on the first of each month---Nothing was available on record to prove that tenant had paid rent to former owner upto 6th October, 1985---Default for the month of October, had thus been established. (d) Cantonments Rent Restriction Act (XI of 1963)--­ ----S.17---Denial of relationship of landlord and tenant---Tenant claiming failure of landlord to issue him notice of his purchase of premises---Effect---Transfer in favour of landlord having been effected through a registered document, was itself a notice to all. (e) Cantonments Rent Restriction…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492