2010 SCMR 837 SUPREME-COURT
Supreme Court · 2010
Full text
CAPTAIN PQ CHEMICAL INDUSTRIES (PVT.) LTD. VS Mrs. ROMANA AMJAD Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , S. 17(4)(a)---Ejectment of tenant---Bona fide personal need of landlady---Unsuitability of other premises, non-disclosure in application---eviction order passed by Rent Controller against tenant on the ground of bona fide personal need of landlady was maintained by High Court---Plea raised by tenant was that landlady owned another premises and she did not disclose in her ejectment application that as to how other premises was not suitable for her needs---Validity---Requirements of S.17(4)(a) of Cantonments Rent Restriction Act, 1963, were sufficiently complied with by landlady by stating that she was in occupation of a house which was not suitable for her use in future and that no other property was owned by her---Even if landlady or any other member of her family was in occupation of a premises, landlady could file application for ejectment of tenant on the ground of her personal bona fide use in good faith, if she could prove that the premises in her occupation was not suitable for her need and order of ejectment could be passed by Rent Controller---All necessary facts in respect of personal requirement should be sufficiently stated in ejectment application---High Court had properly attended to questions relating to application filed by landlady in the light of evidence---Appeal was rightly dismissed by High Court and conclusion drawn thereon did not suffer from defect of misreading or non-reading of evidence---Supreme Court declined to interfere in the judgment passed by High Court---Appeal was dismissed.
