Law: Cantonments Rent Restriction Act, 1963

Section: 24,17(8),17(9)

Law: Cantonments Rent Restriction Act, 1963

Section: 24,17(8),17(9)

Cantonments Rent Restriction Act (XI of 1963)-------Ss. 17(2)(i), (4)(a)(i)(ii), (8), (9) & 24---Ejectment of tenant on grounds of default in payment of rent and bona fide personal need---Non­compliance of tentative rent order---Striking off defence---Appeal to High Court---Tenant having failed to deposit arrears of rent and future monthly rent according to direction of the Rent Controller, landlord filed application under S.17(9) of the Cantonments Rent Restriction Act, 1963 seeking striking off defence of tenant for such failure---Rent Controller vide impugned order struck off defence of tenant and ordered his ejectment from house in question---Validity---Tenant having not complied with tentative rent order, his defence had rightly been struck off---Tentative rent order was not illegal, arbitrary and capricious nor was based on any material extraneous to the record---Said order having not been complied with, order striking off defence and consequent order of ejectment being valid and according to law could not be interfered with in appeal. Hafiz Sadiq for Appellant. Waqar Arif Khan for Respondent. ORDER SH. AZMAT SAEED, J.--- This appeal under section 24 of the Cantonments Rent Restriction Act, 1963, is directed against order, dated 24-5-2006, whereby the defences of the appellant were struck off for non-compliance of the order to deposit rent under section 17(8) of the Act; and order for his ejectment was passed. 2. Brief facts leading to the filing of this appeal are that the respondent filed an application for ejectment against the appellant in respect of the upper portion of House No.E-154, Yasrab Colony, Street No.7, Walton Road, Lahore Cantt. on the ground of default in payment of rent and personal need. It was contended in the petition that the premises in dispute was rented out by the respondent/petitioner as "Post Office requisition" for an initial rent of Rs.475 per month, which was eventually increased to Rs.1,035 per month. The present appellant, on service, entered appearance and filed his written statement contesting the application. The relationship of landlord and tenant was not denied, however, it was specifically contended that initially…

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