Law:

Section:

Cantonments Rent Restriction Act (XI of 1963), S. 17(4)(b)(iii) proviso third-Expression "production of materials of books ­Protection afforded by proviso not applicable to premises where only books sold. Where a dealer of books was sought to be evicted from a shop it was contended that under proviso third to section 17(4)(b)(iii) of the Cantonments Rent Restriction Act, 1963 he could not be evicted in absence of a notice of two years given to him. Held : The protection afforded by the third proviso to sec­tion 17(4)(b)(iii) of the Cantonments Rent Restriction Act applies only to "premises dealing in sales or production of materials of books of educational and cultural values". It does not apply to premises where only books are sold. The protection extends to premises dealing in sates or production of materials of books and not in sales of books as such. Bashir Zafar, Advocate Supreme Court instructed by Rana Maqbool Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 25th November 1970. ORDER WAHIDUDDIN AHMAD, J.-The petitioner is occupying shop No. 365 in Sadar Bazar, Sialkot, as a tenant. Respondent No. 3 who claims to be the transferee of the property from the Settlement Department as an auction-purchaser has filed an application for the ejectment of the petitioner under sec­tion 17 of the Cantonment Rent Restriction Act, 1963. The petitioner is resisting this application. On the pleadings of the parties, the following two preliminary issues were framed :- (1) Whether respondent No. 1 is entitled to a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. (2) Whether respondent No. 1 was entitled to any notice under section 17 (4) (b) (3) of Cantonment Rent Restriction Act, 1963, and what is the effect of non-service. The learned Rent Controller, by his order dated the 6th March 1970, has decided both the issues against the petitioner. An appeal filed against this order was dismissed by the learned Additional District Judge, Sialkot, on the 9th September 1970. The petitioner challenged this order in Writ Petition No. 1577 of 1970, in the Lahore High Court. The main contention of the…

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