Case Details

Citation(s)
1977 SLG 106 1977 SLD 106 1977 SCMR 60
Supreme Court of Pakistan
Civil Appeal No. 135 of 1972, decision dated: 16th December 1976. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 14-9-1972 in S. A. O. No. 226 of 1972)
MUHAMMAD YAQUB ALI, C.J., SALUHUDDIN AHMED AND MUHAMMAD GUL, JJ
Barkat Ali Saleemi, Advocate Supreme Court instructed by Maqbool Ahmad, Advocate-on-Record for Appellant. Nemo for
Respondent

Mst. SHAMIM AKHTAR

VS

Mst. ASHRAF BEGUM alias ASHRAF BAI

Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- -- S. 13 read with Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), S. 30-Ejectment-Notice-Landlady sending to tenant registered three months' notice clearly stating to be given under Settlement law-No proof of tenant appellant being in possession of premises in dispute at any tine pi for to 20-12-1958 so as to avail privilege of a statutory tenant under S. 30 Ejectment of tenant, held, rightly ordered. JUDGMENT MUHAMMAD GUL, J.-This appeal by special lease is from the judgment of the High Court dated 14-9-1972 dismissing in limime second appeal under section 15 of West Pakistan Ordinance VI of 1959 w id thereby conforming the orders of the Courts below for the appellant's ejectment from house No. 218, Ward No. 7-M, Multan City, once an evacuee property, but transferred to the respondent under Act XXVIII of 1958. The respondent sought the appellant's ejectment on account of default in the payment of rent and for sub-letting and that the respondent required the premises for her own bona fide personal use. The appellant pleaded want of notice under section 30 of the Act and denied allegation of default in the payment of rent or that the respondent needed the premise for her bona fide personal requirement. The learned Rent Controller after hearing the evidence of the parties found that the respondent duly served the appellant with notice and that the latter had defaulted in the payment of rent from August 1963 to April 1965 and therefore, was liable to ejectment. On the remaining issues in. the case he found against the respondent. On appeal by the appellant the learned District Judge cane to the con­clusion that it was otiose to record any finding on the issue regarding the statutory notice under section 30 of 1958 Act for the tenancy commenced under a rent note executed by the appellant in the respondent's favour on the 6th June 1961 during the pendency of earlier ejectment proceedings against the appellant in the course of which parties reached a settlement and the case was disposed of in…
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