2022 CLC 1442 LAHORE-HIGH-COURT-LAHORE

Full text

MUHAMMAD SIDDIQUE VS NASIR IQBAL S.17(4)(b)---Ejectment application---Commercial building---Personal need of the landlord's son---Rent Controller dismissed the ejectment application of the landlord/appellant on the ground that he was seeking eviction of shop (demised property) for his son and not for his own use---Held, that in case of residential building, the landlord could move the ejectment petition if he required the same in good faith for his own use or for the use of any member of his family (subject to fulfillment of other conditions as well), but if the demised property was commercial then landlord could move the ejectment application only for his own use---Statement of the appellant/landlord adduced in the evidence showed his intention to get the shop evicted for his son/children and not for his own personal need---Section 17(4)(b) of the Cantonment Rent Restriction Act, 1963, did not recognize the need of the children of the landlord as a valid ground for eviction of tenant---Record also showed that landlord owned others/multiple commercial buildings also, few of which were lying vacated---Additional Rent Controller had rightly dismissed ejectment application of the landlord---Appeal of the landlord was dismissed, in circumstances.