Law: Transfer of Property Act, 1882

Section: 53A,55(f)

Law: Transfer of Property Act, 1882

Section: 53A,55(f)

Law: Cantonments Rent Restriction Act, 1963

Section: 2(e)

(a) Cantonments Rent Restriction Act (XI of 1963)-------S. 17---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Specific performance of agreement to sell---Pendency of civil suit--Landlord sought recovery of premises on the ground of bona fide personal need for his son and default in payment of monthly rent---Tenant denied relationship of landlord and tenant and claimed to be in possession of premises as part performance of agreement to sell--- Rent Controller allowed ejectment application and eviction order was passed against tenant---Validity---Tenant could not deny title of ownership of landlord who put him into possession of demised premises as its tenant---Until and unless such tenant had got decree from competent civil court, finally determining him to be entitled to decree of specific performance of contract for demised premises, he could not deny status of landlord in disputed premises---As and when such decree was passed in favour of tenant, he would then be allowed to apply for possession of disputed premises---Ejectment application could not be taken to be not maintainable simply for the reason that suit for specific performance of contract was pending trial before competent civil court---Rent Controller had rightly allowed ejectment application filed by landlord---High Court in exercise of appellate jurisdiction maintained eviction order passed by Rent Controller---Appeal was dismissed in circumstances. 1984 CLC 71; 1988 CLC 402; 1980 CLC 1442; PLD 1980 SC 298; 2000 YLR 2392; PLD 1969 Dhaka 214; 2001 CLC 1029 and 2000 CLC 184 ref. Allah Yar and others v. Additional District Judge and others 1984 SCMR 741; Mst. Azeemun Nisa Begum v. Ali Muhammad PLD 1990 SC 382; Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242; Mst. Bor Bibi and others v. Abdul Qadir and others 1996 SCMR 877 and Haji Jumma Khan v. Haji Zarin Khan PLD 1999 SC 1101 fol. (b) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 2(e)---Word "family"---Connotation---Contention was that married and independent son was not included in definition of "family" under S.2 (e) of Cantonments Rent Restriction Act, 1963---Validity---There was nothing in S.2(e) of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492