1995 SCMR 287 SUPREME-COURT

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MISBAHULLAH KHAN VS MEMOONA TASKINUDDIN Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 S.17---Interpretation and scope of S.17, Cantonments Rent Restriction Act, 1963---eviction of tenant---Tentative rent order can be passed by the Rent Controller even if ground of default is not alleged for seeking eviction.----S.17(8)---Provision of S.17(8), Cantonments Rent Restriction Act, 1963 is mandatory in nature---eviction of tenant---Tentatively rent order---Mode of deposit of rent under tentative rent, order---Technical default--Effect---Word "shall" used in S.17(8) of the Act---Connotation---Imperative upon Rent Controller to direct the tenant to deposit the rent but that rent has to be deposited in his office and not anywhere else---Non-compliance with tentative rent order is directly punishable and in consequence defence of tenant can be struck off and eviction can be granted.