Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 read with Displaced Persons (Compensation arid Rehabilitation; Act (XXVIII of 1958), S. 30-Ejectment petition by transferee of house on ground that occupant of house, after receipt of notice under S. 30 of Act XXVIII of 1958 defaulted in payment of rent-Occupant admitting notice properly addressed in her name and than none else in Mohallah had same name-Occupant, however, denying receipt of letter or that acknowledgement receipt bore .hey signature Presumption of service of notice, in circumstance, held rebutted-Court, in circumstance, bound to get signature compare with admitted signature of occupant and further bound to give opportunity to owner petitioner to produce postman to prove deliver of letter to occupant and that receipt bore her signature-Case remanded by Supreme Court. Ch. Muhammad Hussain, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Ch. Khalil-ur-Rehman, Advocate-on-Record for Respondent. Date of hearing : 23rd June 1972. ORDER WAHEEDUDDIN AHMAD, J.-The dispute between the parties in respect of property No. C/95, Ihata Bulaqi Shah, Gumti Bazar Lahore. This was an evacuee property which was transferred to the respondent on the 24th February 1960. The respondent who is alleged to have given a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, filed a suit for eviction on the ground that the appellant has failed and neglected to pay the rent. The Rent Controller framed two preliminary issues namely :- (i) whether the respondent has served a valid notice upon the appellant as required under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and (ii) whether P. T. O. dated the 24th February 1960, has ceased to be operative. If so, from which date and with what effect from these proceedings. In support of the point whether a notice has been served or not, the respondent relied on a notice alleged to have been sent to the appellant. The appellant admitted that the notice was properly addressed and…

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