Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--S.17---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.10---Ejectment of tenant was ordered by Rent Controller and affirmed in appeal by High Court---Tenant's contention was that he had been contesting transfer of property to respondent landlord and contest was not yet concluded; that his petition for leave to appeal was still, pending before Supreme Court--­Such contention was urged before High Court in appeal and then in Constitutional petition but same did not prevail---Entitlement of transferee under Displaced Persons (Compensation and Rehabilitation) Act, 1958, had arisen with the issuance of P.T.O., and as long as P.T.O. stood, statutory relationship existed and liability of tenant to submit to provisional transferee as tenant, would come into existence---Matter of transfer could proceed independently of ejectment proceedings---Mere pendency of a petition for leave to appeal was no good ground for not dealing with present petition on merits. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Ejectment application on ground of bona fide personal need of landlord---Withdrawal of earlier petition on ground of bona fide personal need of landlord by father of present landlord was of no consequence and would not inhibit in any manner right of present landlord to seek eviction of tenant on that very ground. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17---Constitution of Pakistan (1973), Art. 18-5(3)---Bona fide personal need of landlord---Proof---Finding of Courts below that respondent/landlord had personal bona fide need of premises and could for that reason seek eviction of tenant suffered from no infirmity so as to justify interference by Supreme Court---No case having been made out leave to appeal was refused. ORDER SHAFIUR RAHMAN, J.---The petitioner, a tenant in the area of Cantonment in Rawalpindi, seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 12-9-1989, whereby a first appeal filed by him against the order of eviction passed by the Cantonment Rent Controller was dismissed. 2. The…

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