2014 MLD 1213 LAHORE-HIGH-COURT-LAHORE

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KHALID YAQOOB VS Mst. NASREEN AFTAB 1994 SCMR 355, 2001 SCMR 599, 2002 SCMR 1933, 2002 SCMR 789, 2010 SCMR 775, 2011 YLR 82, PLD 2000 SC 67, Application for ejectment of tenant--Term , Cantonments Rent Restriction Act 1963--17 , S. 17 (4) (b) (i) (6)---Application for ejectment of tenant---Bona fide personal need of landlady---Scope---Contention of tenant was that landlady sought eviction on the ground of personal need for the use of premises by her son---Eviction petition was accepted by the Rent Controller---Validity---Tenancy, terms and conditions of lease deed were in existence between the parties---Rent Controller had rightly held that amount which was lying with the landlady should be paid to the tenant at the time of vacation of premises---Landlord could apply for ejectment of tenant for his personal use and not for any member of family but in the present case landlady intended to convert the premises into restaurant and her son would look after the business on her behalf---Demised premises were required to the landlady for her own use who had prerogative to use the same in any manner she would like---Rights of tenant were protected under S. 17(6) of Cantonments Rent Restriction Act, 1963---Tenant might apply for an order directing the possession of premises be restored to him if landlord did not occupy the same within one month of date of obtaining its possession---Sufficient safeguard had been provided in the statute against the landlord getting possession of premises with mala fide intention---No infirmity or illegality had been pointed out in the impugned order which was passed in accordance with law---Appeal was dismissed in circumstances.