| Citation(s) |
|---|
| 1975 SLG 111 1975 SLD 111 1975 SCMR 19 |
Supreme Court of Pakistan
Civil Appeal No. 37 of 1973, decision dated: 17th April 1974. (On appeal from the judgment and decree of the Lahore High Court, made on the 6th of November 1972 in S. A. O. No. 82 of 1968)
MUHAMMAD YAQUB ALI, WAHEEDUDDIN AHMED AND ANWARUL HAQ, JJ
Abdul Majid Sheikh, Advocate instructed by Sh. Abdul Karim, Advocate-on-Record for Appellants. M. Aslam Chutha, Advocate-on-Record for
Respondent
Civil Appeal No. 37 of 1973, decision dated: 17th April 1974. (On appeal from the judgment and decree of the Lahore High Court, made on the 6th of November 1972 in S. A. O. No. 82 of 1968)
MUHAMMAD YAQUB ALI, WAHEEDUDDIN AHMED AND ANWARUL HAQ, JJ
Abdul Majid Sheikh, Advocate instructed by Sh. Abdul Karim, Advocate-on-Record for Appellants. M. Aslam Chutha, Advocate-on-Record for
Respondent
ISHRAT HUSSAIN AND Another -
VS
SUBEDAR alias SUBA
Law:
Section:
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- S. 13(6)Clerical error in number of property in dispute---InconsequentialPlea drat proceedings ought to be rejected on that groundPlea, being merely of a technical nature, held, rightly rejected by Courts below. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- S. 13(3) & (6) read with Displaced Person--(Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30High Court having held that validity of notice of demand was not affected by fact of excessive rent being demanded, no question of remand of case arose ray in circumstances. Mian Rehmat Ali v. Khadeja Khanim P L D 1967 Lah. 29 and Mazlrar Ali Azhar v. Dr. Inzarul Islam Qureshi P L D 1971 Lah. 104 ref. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13(3)EjectmentTenant himself admitting not to have ever paid rent to applicant transferee of houseNo question in circumstance arose for remand of case to determine default or no default on tenant's part. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- .--- S. 13(3) & (6)Arrears of rent beyond three years from date of institution of ejectment applicationCannot be demanded from tenant. Ishfaqur Rehman v. Majid & Co. P L D 1971 S C 766 ref. JUDGMENT ANWARUL HAQ, J. ---This appeal, by the leave of the Court, is directed against an order made by a learned Single Judge of the Lahore High Court on 6111972 in Second Appeal No. 82 of 1968, preferred by tire tenant against the appellate order of the learned District Judge of Gujranwala, whereby he upheld a preliminary order made by the Rent Controller on 351967 holding that the relationship of learned and tenant existed between the parties, and that the statutory notice order section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter referred to as the Act) had been served by the transferee on the tenant. The dispute relates to an evacuee shop bearing property No. B21IS177 situated in Adda Qilla Didar Singh, Hafizabad Road, Gujranwala. It was transferred to the appellant Ishrat Hussain through a provisional transfer order issued or, 31560. He served on…
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