1995 SCMR 1153 SUPREME-COURT

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MUHAMMAD TARIQ KHAN 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)---eviction of tenant from rented premises used inter alia as a hotel or restaurant---Notice of two years to such tenant before moving application for his ejectment being mandatory requirement, no such notice was admittedly given by landlord in writing---Agreement of tenancy, however, contained clause therein that parties would be bound by the terms of such written agreement and that there would be no further extension of lease period and that landlord would be at liberty to initiate legal proceedings against his tenant at expiry of period of tenancy--Question whether such terms incorporated in tenancy agreement would amount to notice envisaged by S. 17, Cantonments Rent Restriction Act, 1963, required consideration; so also the question whether petitioners not being party to the application were bound by the order passed on the same---Leave to appeal was granted to determine such questions.