2016 YLR 824 KARACHI-HIGH-COURT-SINDH

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NAEEM ZIA KHAWAJA VS Mrs. HAMEEDA NIZAMUDDIN Cantonments Rent Restriction Act 1963--17 , Eviction petition--Term , Grounds--Term , Maintainability--TERM , S. 17----eviction petition---Grounds---Bona fide personal need regarding use of commercial property by landlady's children---Maintainability---Landlady filed petition for eviction of tenant on ground of personal bona fide need for use by her children, which was allowed by Rent Controller---Contention raised by the tenant was that under S. 17 of Cantonments Rent Restriction Act, 1963, rented premises/commercial property could only be got vacated by landlady if the same was required by her for her personal bona fide need and not for use of any of her family members---Validity---Under S.17(4)(a)(i) of Cantonments Rent Restriction Act, 1963, landlady could apply for an order directing tenant to put landlord in possession of residential premises if she required the same for her own occupation or for occupation of any member of his or her family, but eviction of tenant from commercial property under S.17(4)(b)(i) of Cantonments Rent Restriction Act, 1963, could be filed by landlady if she required the rented premises in good faith for her own use only---Landlady had admitted in her cross-examination that she did not require the rented premises for her own use and that her children will do business over rented premises after vacation---Available record showed that landlady had never conducted any business activity on rented premises---eviction sought on ground of need for occupation of children of landlady was not permissible in respect of commercial property---High Court, setting aside impugned order of Rent Controller, dismissed eviction petition---Appeal was allowed in circumstances.