1995 PLD 609 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(4), 3rd proviso ---Ejectment of tenant---Non-service of notice--Effect---Service of notice under 3rd proviso to S.17(4) of the Act was mandatory for seeking eviction of tenant who was occupying premises where business of Serais, hotels, Dak-bungalows, lodging houses, boarding houses, cafes, refreshment rooms and places of public recreation etc. was being carried out---Business of hotel being carried out in premises in question, service of notice in terms of S.17(4) of the Act was a mandatory requirement---Where grant of relief was dependent on performance of some statutory conditions, those conditions must be fulfilled and complied with before relief could be granted---Language 4f 3rd proviso of S.17(4) of the Ad makes it obligatory on landlord seeking eviction of tenant from premises of the kind mentioned in proviso, to serve statutory notice before institution of ejectment case---Service of notice in terms of 3rd proviso to S.17(4) of the Act, therefore, was sine qua non for institution of ejectment case by landlord ---Ejectment application having been filed without complying with requirement of 3rd proviso to S.17(4) of the Act same would be incompetent.