Law:

Section:

(a) Words and phrases--- ----"Impair"---Meanging. Chambers 20th Century Dictionary, New Edn., 1983 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 17(2)(iii)---Ejectment petition---Installation of air-conditioner and iron gate at premises by tenant---Validity---No protest was' made by landlord in this regard till expiry of lease period---Security amount was available with landlord-Such changes effected might be restored at the costs of tenant at the time of handing over possession of premises---No ground for ejectment was made out-Ejection petition was dismissed in circumstances. Samiullah v. Mian Muhammad Saleem 1971 SCMR 725 and Muhammad Yusuf v. Muhammad Saghiruddin Qureshi 1987 CLC 76 ref. Syed Qudrat Ali v. Mst. Maqbool Fatima and 3 others 1989 CLC 599 rel. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 10---Contract Act (IX of 1872), S.10---Payment of rent---Rent agreement for a period of eleven (11) months---Agreement containing clause regarding increase in monthly rent at 10% after expiry of every eleven (11) months---Effect---Such clause would not operate within initial period of tenancy, but would come into operation on expiry of term of period of eleven (11) months---Incorporation of such clause in agreement in order to protect future rights of landlord would not be illegal, if same was entered into with free consent of parties. Muhammad Akbar v. Shaikh Nasiruddin 1991 MLD 1338; Abdul Aziz v. Yahya and 4 others 1993 MLD 1447; Mst. Nasima Begum v. Ali Dost PLD 1993 Kar. 137 ref. Laus Deo Enterprises v. Mrs. Suraya Jameel and another (PLD 1991 Kar. 309 rel. JUDGMENT ZIA PERWEZ, J:---This first rent appeal is directed against the impugned order of the Additional Controller of Rents Clifton Cantonment Karachi in Dent Case No.15/2001 dated 9-9-2006, directing the appellant to handover the vacant and peaceful possession of the demised premises within 30 days while allowing the ejectment application. 2. Appellant is the tenant of respondent with respect to premises bearing Flat No.2, 21-C, 27th Commercial Street, Tauheed Commercial Area, Phase-V, Defence Housing Authority, Karachi (hereinafter referred to as the "demised…

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