1991 MLD 2718 LAHORE-HIGH-COURT-LAHORE
Punjab · 1991
Full text
MUHAMMAD ASHRAF VS MUHAMMAD AKHTAR 1984 C L C 1083, 1986 C L C 103, Cantonments Rent Restriction Act 1963--17-A , Cantonments Rent Restriction Act 1963--17 , ----Ss. 17(2)(vi)), 17(4)(a)(i) & 17-A(1)(b)---Personal bona fide need---Landlord seeking ejectment of tenant had contended that he required premises in dispute in good faith for his bona fide personal need alter amalgamating the same with his adjacent house---Landlord during pendency of ejectment proceedings, had retired from Government Service, so he also moved an application for eviction of tenant on additional ground provided under S.17-A(1)(b) of Act---Landlord had produced on record statutory sanction including proposed plan of extension of house in dispute duly accorded by competent Authority to landlord for reconstruction of premises---Landlord was not shown to have got any other suitable accommodation for his occupation---Landlord, had since been retired from Government Service and even if other grounds of eviction, were not available to him, he could press into service ground of eviction available to him under S. 17-A(1)(b) of Act---Requirements provided for in S.17-A(1)(b) having fully been proved, landlord was entitled to avail those provisions--Finding of Rent Controller, on point that landlord required premises in dispute in good faith for his occupation or for occupation of any member of his family after amalgamating the same with his own adjacent house, was unexceptionable.
