2025 MLD 344 LAHORE-HIGH-COURT-LAHORE

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Muhammad Amin VS Muhammad Asif Askari Ss. 17(4), 17(5) & 17(6)--- eviction of tenant --- Personal bona fide need ---Scope --- Rent Controller allowed the ejectment petition filed by the respondents seeking eviction of the appellant from shop (rented premises) --- Validity--- In terms of subsection (5) of S.17 of the Cantonments Rent Restriction Act, 1963 ('the Act 1963'), the Controller shall, if he is satisfied that the claim of the landlord under subsection (4) is bona fide, make an order directing the tenant to put the landlord in possession of the building on such date as may be specified by the Controller---Controller may give the tenant a reasonable time for putting the landlord in possession of the building and may extend such time so as not to exceed three months in aggregate--- To this effect, subsection (6) of S.17 of the Act, 1963, cannot be ignored, which ordains that where the landlord who has obtained possession of a building in pursuance of an order made under subsection (5) does not himself, or where possession of the building has been obtained for any member of his family, such member does not occupy the building within one month of the date of obtaining its possession, the tenant who has been evicted may apply to the Controller for an order directing that the possession of such building be restored to him and the Controller may thereon make an order accordingly---No illegality or material irregularity was noticed in the impugned eviction order passed by the Rent Controller ---Appeal , filed by tenant, was dismissed, in circumstances.