| Case ID |
d5d9107a-a02e-4cb0-859f-fa00bdede82f |
| Body |
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| Case Number |
FA.O. No. 43 of 1991 |
| Decision Date |
Oct 05, 1993 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the appellants, stating that they had occupied the premises in question within the stipulated period as per Section 17(6) of the Cantonments Rent Restriction Act, 1963. The court clarified that the term 'occupation' includes preparation for business and is not solely defined by the act of starting a business. The appellants were found to have met the requirements of the law, and thus the respondent's application for restoration of possession was dismissed. |
| Summary |
This case revolves around the interpretation of the Cantonments Rent Restriction Act, specifically Section 17(6), which addresses the landlord's obligation to occupy premises after eviction of a tenant. The Lahore High Court found that the appellants had established their occupation of the premises within the required timeframe, despite not having fully commenced their business operations. The decision emphasizes the distinction between possession and occupation, reinforcing that mere preparations for business can satisfy legal requirements. The court dismissed the tenant's claim for restoration of possession, highlighting the importance of legislative intent to protect landlords' rights while balancing tenant protections. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUSHTAQ AHMAD KLAN, J
|
| Lawyers |
Tanvir Bashir Ansari,
Mansoor Ahmad,
Mirza Anwar Baig,
Mehmoodul Hassan Awan
|
| Petitioners |
ANOTHER,
MATLOOB AHMED
|
| Respondents |
MUHAMMAD ZAMAN
|
| Citations |
1994 SLD 1136,
1994 CLC 279
|
| Other Citations |
Agha Muhammad Ilyas v. Masjid Committee, Rahimyar Khan PLD 1968 Lah. 863,
Muhammad Rafit Ullah AM v. Imran Ansari PLD 1990 SC 369,
Muhammad Afzal Khan v. Haji Abdul Jalil PLD 1981 Pesh. 157,
Noor Ahmed v. Haris Bashir Ahmed 1990 AOD 332,
St. Paneras (1877) 2 OBD 581
|
| Laws Involved |
Cantonments Rent Restriction Act (XI of 1963)
|
| Sections |
17(6),
17
|