2013 CLC 622 KARACHI-HIGH-COURT-SINDH

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AAMIR WAHEED VS Mrs. HALEEMA AKHTAR 1994 SCMR 355, 2000 CLC 1252, 2002 SCMR 241, 2002 SCMR 789, Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--24 , Ejectment of Tenant--TERM , Personal need of landlady--Term , Ss. 17(4) & 24---Constitution of Pakistan, Art.23---Ejectment of tenant ---Personal need of landlady---Ejectment of tenant from shops in question was sought on the plea that landlady wanted premises for her own business through her son---Validity---Son of landlady was not a jobless person and had been employed on lucrative salary abroad but landlady was calling him back to start a business for her in demised shops so that he could support and look after her and his father---Placing of any unreasonable restriction on landlady would tantamount to offending her fundamental rights guaranteed under Art.23 of the Constitution---Interpreting provisions of S.17(4)(b)(i) of Cantonments Rent Restriction Act, 1963 in a way that landlady could not file ejectment application for eviction of tenant for using premises jointly with her family members or any other person, would amount to negation of property rights as Pardanashin lady or critically sick person would be deprived of benefits of S.17(4)(b)(i) of Cantonments Rent Restriction Act, 1963---High Court maintained eviction order passed by Rent Controller---Appeal was dismissed in circumstances.