Case Details

Citation(s)
2003 SLG 2734 2003 SLD 2734 2003 CLC 1006
Lahore High Court

IJAZ-UL-AHSAN, J
Hamid Iftikhar Pannu for Appellant. Muhammad Umer Malik for
Respondent.

MUHAMMAD ATTIQUE

VS

SHAFAIT ALI SHEIKH

Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17(4)(b) & 24---Ejectment of tenant on ground of bona fide personal need of landlord---Ejectment application in respect of shop having been allowed by the Rent Controller, tenant had filed appeal against said ---Landlord seeking ejectment of tenant on ground of personal need was not required to give detailed and elaborate description of the personal use that the property would be put to---If landlord had stated that he needed the premises for his personal use as he had no other property which could be suitable for the work he planned to undertake, he was not required to prove anything further---Landlord, in the present case, had stated in ejectment application that he needed the premises in question for his personal use; his contention was that he was living and working abroad and had returned after completion of his overseas assignment and that he being a marketing professional, wanted to open marketing consultancy office in the demised premises---Where bona fide need of the landlord was otherwise established on record, plea of intention to increase rent, would not adversely affect the case of the landlord for his personal use---Even otherwise, under the law it was prerogative of the landlord to get vacant premises of his own choice without any objection on the part of the tenant---Findings of the Rent Controller on the issue of bona fide personal need were valid as same were supported by cogent reasons and substantiated by oral as well documentary evidence---Findings of Rent Controller regarding bona fide personal need of the landlord being valid and based upon the record, could not be interfered with in appeal by High Court. Messrs Delite House Ltd. v. Ch. Farryaz Akbar 1986 CLC 495; Jehangir Rustam Kakalia v. Messrs Hasrhwani Sales and Services (Pvt) Ltd. 2002 SCMR 241; Haji Mohibullah & Co. and others v. Khawaja Bahauddin 1990 SCMR 1070; Khawaja Imran Ahmad v. Noor Ahmad and another 1990 SCMR 1152 ref. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----Ss. 17(2)(i) & 24---Ejectment of tenant on ground of default in payment of rent---Burden of proof was on the landlord to…
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