1996 SCMR 1661 SUPREME-COURT

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NOOR ELAHI VS MUHAMMAD SHARIF KHAN SHINWARI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ----S. 17---Constitution of Pakistan (1973), Art. 185(3)--Ejectment of tenant on basis of terms incorporated in rent deed---Statutory provision of notice as contained in third proviso of S. 17(4) of Cantonments Rent Restriction Act, 1963---Effect---Landlord seeking eviction of tenant from rented premises being used as hotel/restaurant on ground of bona fide personal use was required to give notice of two years to such tenant sought to be evicted before moving application for ejectment under S. 17, Cantonments Rent Restriction Act, 1963---No such notice was served in writing upon tenant---Rent deed, however, contained a clause to the effect that parties would be bound by the terms of written agreement of rent and that there would be no further ,extension in the period of lease and that landlord would be at liberty to initiate legal proceedings after expiry of leave period---Leave to appeal granted to consider question as to whether such terms incorporated in written rent deed, would amount to notice envisaged by third proviso to S. 17(4) of the Act.