Muhammad Amin vs Muhammad Asif Askari S — 2025 MLD 344 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 MLD 344 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Amin vs Muhammad Asif Askari S
Subject matter: Rent
Provisions referred to: S. 17; Cantonments Rent Restriction Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Amin VS Muhammad Asif Askari S. 17(4) --- Eviction of tenant --- Personal bona fide need---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- Personal bona fide need is one of the recognized grounds for eviction of a tenant from the rented premises under S.17 of the Cantonments Rent Restriction Act, 1963('the Act 1963')---Whenever a landlord pleads that the rented premises is required by him for his personal need bonafidely, assertion on oath by the landlord that he requires the property in good faith for his personal use shall be sufficient to accept his bona fide, if such assertions are consistent and in conformity with the averments of the ejectment petition--- Such statement cannot be discarded in vacuum--- Even otherwise, it is always the landlord, who is vested with the prerogative to exercise his choice for the rented premises and if he needs it bonafidely for his personal use, his claim cannot be rejected outrightly---No illegality or material irregularity was noticed in the impugned eviction order passed by the Rent Controller ---Appeal , filed by tenant, was dismissed, in circumstances.

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