1999 SCMR 20 SUPREME-COURT

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JAFFAR SHAH VS MIAN YAHYA SHAH Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S. 17 --- Ejectment of tenant on grounds of default in payment of rent and subletting without tacit or implied consent of landlord --- Order of ejectment was maintained by High Court --- Validity --- Non-appearance of landlord as witness in support of his pleas of default in payment of monthly rent and subletting was not fatal to his case for onus to prove both pleas was entirely on tenant after same were urged in ejectment application and asserted in witness-box by landlord's attorney --- Personal appearance of landlord in witness-box in support of his pleas of default in payment of rent and that of subletting would not be sine qua non for maintaining application of eviction of tenants --- Tanant's plea that he had been paying accumulated. rent, Would not be of help to him for, acceptance thereof by attorney of landlord was of no avail to tenant for condonation of element of default in payment of rent --- Sub-tenant's induction in premises was rightly adjudged to be subletting Warranting passing of order of evicition against them --- Order of Rent Controller on grounds of default in payment of rent and that of subletting was therefore, unexceptionable.