1. NASIM HASAN SHAH, J.---The question which arises in this petition for leave to appeal is whether a landlady can have her tenant ejected under Section 17(4)(5)(i) of the Cantonments Rent Restriction Act (X of 1963) on the ground that she wishes to establish therein a joint business with her husband or any other member of her family particularly when she is an illiterate housewife (in other words not a career woman).
2. Mr. K. M.A. Samdani, learned counsel for the petitioner, in support of this petition, has submitted that according to his research there is no authoritative pronouncement of this Court on the above question. He admits that there is a judgment of the Sindh High Court on this question namely Messrs Bombay Corporation v. Mst. Amna Begum (1986 CLC 1628) wherein it has been held that a landlady could seek the ejectment of the tenant from a commercial premises if her husband wants to use the tenanted premises or where the landlady wants to use the premises jointly with the husband but according to him this pronouncement cannot be taken to be the last word on the issue involved.
3. We are afraid that the learned counsel's research has not been very thorough. This Court, in a recent judgment titled Parvaiz Akhtar v. Dr. Muhammad Ahsan and others PLD 1988 SC 734 has dealt with this issue and found that where, a commercial premises was needed only by one of the three co-owners he, as one of the landlords, could take advantage of section 17(4)(b): The issue is, therefore, no longer res integra. This petition, accordingly, fails and is dismissed hereby.
4. The interim order dated 11-12-1989, accordingly, also stands vacated.