2008 PLD 414 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD, BASHARAT VS Mrs. UZMA BHATTI Cantonments Rent Restriction Act 1963--17 , Cantonments Rent Restriction Act 1963--3 , Ejectment of Tenant--TERM , S. 17(4)(b)(iii), proviso 3---Ejectment of tenant---Bona fide personal need of landlady---Landlady sought eviction of tenant from non-residential building on the ground of bona fide personal need---Rent Controller accepted the application and passed eviction order---Plea raised by tenant was that application was premature, landlady intended to increase rent and provisions of S.17(4)(b)(iii) proviso 3 of Cantonments Rent Restriction Act, 1963, were applicable---Validity---Building was let out to tenant for a period of three years with effect from 22-2-2002, which period was to expire on 21-3-2005 whereas ejectment application was filed on 24-7-2004---Period of agreement had expired during pendency of ejectment petition, which was decided on 15-5.2007 and as such objection of tenant had lost its efficacy---Proviso to S.17(4)(b)(iii) of Cantonments Rent Restriction Act, 1963, would apply only if building was let out expressly for such a purpose or which had been converted for such 'purpose with the' consent in writing of landlady---Agreement between the parties did not at all disclose that building was let out expressly for purpose of selling or printing books---Nothing was available on record to prove that the business was started with prior consent in writing of landlady---Landlady had established her bona fide personal requirement and allegation of mala fide with reference to desire for enhancement of rent was not proved---High Court declined to interfere with eviction order passed by Rent Controller---Appeal was dismissed in circumstances.