Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched.-Transfer of house to S-M, the occupant of house and tenant of S by operation of law could not challenge validity of order of transfer in favour of S before Courts save by way of writ petition. S. A. Saeed, Advocate Supreme Court instructed by Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing : 23rd June 1972. JUDGMENT SALAHUDDIN AHMED, J.-The petitioner is a tenant, and the respondent applied for the eviction of the former on the ground of default in payment of rent. The respondent is a transferee and although he served a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, on the petitioner the latter failed to pay or tender rent within three months of the service of notice. The petitioner raised preliminary issues challenging the identity of the property transferred to the respondent and the service of the notice upon the petitioner. Both the issues were found against the petitioner. Thereafter considering the case on merits the Controller passed the impugned order dated 5-10-1971, under section 13(6) of the Rent Restric­tion Ordinance directing the petitioner "to deposit Rs.2,200 as arrears of rent till 3-10-1969 and Rs. 2,400 from 3-10-190 to 3-10-1971". The amount was ordered to be…

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