Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)-- ---- S. 8 --- Increase of rent --- Premises in dispute admittedly having been rented out to tenant under a lease agreement at particular rate of rent, rent of premises could not have been increased by landlord unilaterally. (b) Cantonments Rent Restriction Act (XI of 1963)-- ---- S. 17(2)(i) --- Default in payment of rent --- Tenant claimed that he remitted rent in dispute through money order which was received back as landlord refused to accept same --- Tenant having failed to examine postman concerned to prove that delivery of money order was refused by landlord, refusal on part of landlord to take delivery of money order was not proved in circumstances. Khair Muhammad v. Akhtar Hussain 1983 CLC 302; Shamsher v. Ahsan Ali 1983 CLC 308; Syed Khadim Abbas Rizvi v. Miss Gohar Fatima 1984 CLC 2449 and Sabze Ali v. 'Mehmood Rizvi 1989 MLD 1427ref. (c) Cantonments Rent Restriction Act (XI of 1963)-- ---- S. 17(2)(i)---Default in payment of rent --- Initial burden of proof to establish that tenant had not paid disputed rent which lay on landlord had been discharged by landlord stating on oath that he had not received that rent--­After discharging such onus by landlord same had shifted on tenant to prove affirmatively that he had paid or tendered rent in question to landlord--­Tenant having failed to discharge such onus, default in payment of rent on part of tenant had been proved. Allahdin v. Habib PLD 1982 SC 465 and Qaiser Khatoon and others v. Abdul Khalique arid another PLD 1971 SC 334 ref. (d) Cantonments Rent Restriction Act (XI of 1963)-- ---- S. 17(4)(a) --- Personal bona fide need of landlord --- Landlord had contended that he was residing in a rented premises and that it was hard to pay big amount of rent besides water and other taxes, thus he wanted to live within his own house --- Tenant had himself admitted that landlord was residing in a rented house --- Personal bona fide need of landlord in respect of premises in dispute had been established in circumstances. Khadim Mohyuddin and another v. Ch. Rahmat Ali Nagra and another PLD 1965 SC 459; 'Khawaja Saidur Rahman and another v. Wajihuddin H. Memon…

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