Law: Cantonments Rent Restriction Act, 1963

Section: 17(8)

Law: Cantonments Rent Restriction Act, 1963

Section: 17(8)

Cantonments Rent Restriction Act (XI of 1963)-------S. 17(8)---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss.13(6) & 15(5)---Ejectment petition---Default in payment of rent-Denial of relationship of landlord and tenant---Tentative rent order, non-compliance of---Striking off defence---Tenant who had failed to comply with order of Rent Controller with regard to deposit of arrears of rent upto specified date and to tender future monthly rent of premises, set up plea of agreement to sell in respect of premises in dispute and his suit for specific performance against landlord was pending in civil court however it was not disputed that he had entered in the house as a tenant under landlord subject to conditions noted in rent agreement---Admittedly no such provision was set in agreement to sell, that relationship of landlord and tenant will be ceased to exist---Relationship in dispute never ceased to exist between parties---Rent Controller therefore was competent to pass order in terms of section 17(8) of Cantonments Rent Restriction Act, 1963---Tenant failing to show cause for non-compliance of tentative rent order passed by Rent Controller, ejectment petition, held was rightly allowed. Umar Hayat Tahir for Appellant. Rana Habib-ur-Rehman Khan for Respondent. Date of hearing: 15th November, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.---Learned counsel for both the parties are present and ready with their arguments. Records are available. This F.A.O. accordingly is being decided as Pacca case. 2. On 17-2-2005, the respondent filed an application for ejectment of the appellant from a residential building located in Lahore Cantonment. According to the contents of the ejectment petition the respondent is the landlord while the appellant is a tenant under him in the said house. The tenancy is governed by an agreement, dated 15-8-2001, a copy whereof was annexed with the petition. Rent payable was Rs.3,500 per month. The ejectment was sought on the ground of default in the payment of rent with effect from July, 2002, bona fide personal use, impairment of the value and utility of the building, as also non-payment of utility bills. It was also mentioned in…

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