1990 CLC 1 PESHAWAR-HIGH-COURT

Full text

GHULAM HAIDER VS MUHAMAMD YOUNIS Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963 ---S.17(4)(b)---Personal bona fide requirement---Landlord after transfer of shop in his name, served notice of transfer under S.30 of the Diplaced Persons Compensation and Rehabilitation Act, 1958 and thereafter filed ejectment application, which was dismissed as the tenant was not liable to ejectment within six years of receipt of notice---Landlord after expiry of six years again filed ejectment applicaion--Landlord stating on oath that he required the suit shop for his bona fide personal use and offered to tender surety bond guarnteeing to occupy the shop personally--Landlord carrying on business in another city---Mere fact that landlord carried on business in another city, held, would not disentitle him to seek eviction on ground of personal requirement---Landlord could not be expected to sit idle during the time when the tenant had the statutory protection from eviction---Good faith of the landlord was thus fully established from his earlier eviction petition as well as his offer to tender security---Order of ejectment upheld.