Law: Cantonments Rent Restriction Act, 1963

Section: 17,2(G),17(6)

Law: Cantonments Rent Restriction Act, 1963

Section: 17,2(G),17(6)

Cantonments Rent Restriction Act (XI of 1963)-------Ss. 2(G), 17 & 24---Bona fide personal need of landlord---Maintainability of ejectment application filed by landlord was challenged by the tenant alleging that it was incompetently filed and that Cantonments Rent Restriction Act, 1963 was not applicable in the case---Validity---Application had been filed by the landlord/Bank through its attorney whose power of attorney had been filed during the proceedings and had not been challenged on the ground that the executant of the attorney had no authority to sign that attorney---Rent agreement was executed with the tenant by the landlord Bank through its attorney and application for ejectment was also filed by the attorney while affidavit in evidence was also filed by the attorney of the landlord/Bank--Ejectment application in, circumstances was competently filed---Landlord/bank was a statutory body and counsel for the tenants had failed to point out as to how Cantonments Rent Restriction Act, 1963 would not apply---Tenants in the case were enjoying the premises as a tenant since, 1970 and for such a long period, no action was taken by the landlord/bank---Bank, with the growth In the business, could require premises, while unrebutted proof was that Corporate branch/Regional Head Quarter of the bank had been shifted to the branch and. the intention of the bank was to convert that branch into corporate branch---Intention of the landlord, in circumstances, could not be doubted---Even otherwise according to S.17(6) of the Cantonments Rent Restriction Act, 1963, law had itself provided check upon the desire of a landlord by providing that if the landlord, after attaining the premises in bona fide need, would not possess the same within a month, then tenant could make an application to the Rent Controller for re-possession---When the need of the landlord/bank had not been put under clouds nor demand of increased rent could jeopardize the bona fide need while shifting of the Regional Head Quarter had not been disproved; and the bank's desire to expand its business had not been specifically rebutted, the Rent Controller had rightly found that need of the landlord/bank…

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