Ejectment where landlord is widow under Cantonment Law

In this forum we will discuss and post laws and related matter about the Rent laws in Pakistan especially Sind Rented Premises Ordinance 1979 and The Cantonment Rent Restriction Act 1963

Ejectment where landlord is widow under Cantonment Law

Unread postby Admin » Sun Jan 13, 2013 7:53 pm

Eviction of tenants where the landlord is a salaried employee, widow or minor orphan. -(l) Notwithstanding anything contained in this Act or any other law for time being in force;
(a) in a case where the landlord has died; or
(b) in a case where the landlord is a salaried employee and has retired or is due to retire within a period of six months, a notice in writing may be given by such landlord or the widow or minor child of the deceased landlord, as the case may be, to the tenant of a residential building informing him that he or she needs the building for personal use and requiring him to deliver vacant possession of the building within a period of two months from the date of receipt of the notice:
Provided that no application under this section shall be maintainable if it is made after six months from the date of the death of the landlord or, in the case of the retirement of a salaried person, before six months from, or after six months of, the date of his retirement:
Provided further that, in a case where the landlord has died or salaried person has retired before the commencement of this Ordinance, an application may be made within a period of six months from the date of such commencement.
(2) The right to seek ejectment under sub-section (1) shall also be available to a landlord of a residential building who is the wife, husband or a minor child of a salaried employee referred to in sub-section (1).
(3) In the case of a landlord referred to in sub-section (1) or sub-section (2) who happens to be a landlord of more than one residential building, whether or not in the same locality, action as provided for in this section shall be competent in respect of one of such residential buildings only.
(4) A landlord referred to in clause (b) of sub-section (1) or in sub-section (2) who is in occupation of a residential building owned by him shall not be entitled to seek ejectment of a tenant from a residential building situated in the locality in which the building in occupation of the landlord is situated unless the offers the building in his occupation in exchange of the building in possession of the tenant on such terms and conditions and on payment of such rent as may be determined by the Controller:
Provided that the benefit of exchange shall not be available to the tenant who refuses to accept the offer or the terms and conditions and the rate of rent determined by the Controller.
(5) A tenant who on receipt of the notice referred to in sub-section (1) fails to deliver vacant possession of the building to the landlord or to the widow or minor child of the deceased landlord within the time allowed in the notice shall be liable to be ejected summarily by the Controller on an application being made to him in this behalf.
(6) On an application made to him under sub-section (5), the Controller shall issue a notice to the tenant and, on being satisfied with the bona fides of the request of the landlord or the widow or minor child of the deceased landlord, shall order the summary ejectment of the tenant.
(7) A landlord or a widow or child of a deceased landlord referred to in sub-section (1) or sub-section (2) who, within one year of his or her having obtained possession of a building as provided for in sub-section (6), relets the building to any person other than the previous tenant shall be punishable with fine which may extend to five thousand rupees:
Provided that, if the amount of the annual rent for which the building is so relet exceeds five thousand rupees, the amount of fine shall be equal to the amount of annual rent.]
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