Law:

Section:

Cantonments Rent Restriction Act (XI of 1963)-------Ss. 17(2)(1) & 24---Ejectment of tenant---Default in payment of rent---Tenement in question was situated at a commercial place and criminal litigation was also initiated by landlord against the tenant---Only one month's default in payment of rent was alleged against the tenant---Tenement was a business place and it would be in the fitness of things, if the tenant enjoyed peaceful possession of the property so that he could promote his business---Tenant and landlord both were young men and appeared to be educated---Appellate Court had given them a suggestion that court would grant sufficient time to the tenant to vacate the premises, to which the landlord as well as the tenant had agreed---By consent, it was ordered by High Court that tenant would handover vacant, peaceful physical possession of the premises to the landlord after expiry of two years; in case of failure of tenant to hand over the vacant, peaceful physical possession of tenement to the landlord, after expiry of said two years, Rent Controller would issue a writ of possession without notice with police aid and order of breaking open the locks. Shahida Nasreen for Appellant. Iftikhar Javaid Qazi for Respondent. ORDER KHAWAJA NAVEED AHMED, J.--- Appellant has filed this First Rent Appeal against the order dated 10-1-2007 passed by the learned Additional Controller of Rents, Clifton Cantonment, Karachi, in Rent Case No.58 of 2002. Ms. Shahida Nasreen, Advocate for appellant, has argued that the learned Additional Controller of Rents has not appreciated the evidence and has given one sided finding on the issues framed by him in this case. She states that there is only month's default in payment of rent and as far as other three issues are concerned, those have not been proved. She has drawn attention of this Court towards the report of the Commissioner who has reported nothing about the nuisance but only stated about the grinding machine, polishing of the marbles and there is no marble cutting in the tenement. Mr. Iftikhar Javaid Qazi, learned counsel for the respondent, has stated that the order of the Additional Controller of Rents is strictly…

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