Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 116

(On appeal from the judgment and order of the High Court M of West Pakistan, Lahore, dated the 25th November 1969, in L. P. A. No. 242 of 1964).          Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., Part I-House transferred to A-B, in occupation of house, accepting A as his landlord and paying rent to him-Subsequently B filing review petition before Settlement Authorities and on same having been dismissed moving High Court in writ jurisdiction-High Court directing transfer of house to Contention that B having once accepted A as his landlord was in law barred from disputing claim of A-Special Leave to Appeal granted by Supreme Court-Evidence Act (I of 1872), S. 116. Date of hearing : 10th April 1970 ORDER MUHAMMAD YAQUB ALI, J.-Muhammad Hanif, petitioner, a claimant displaced person, is transferee of a house in the occupation of Ch. Muzaffar Hussain, respondent, a local. The Deputy Settlement Commissioner issued the P. T. O. in the name of the petitioner on 8-1-1960 whereupon he gave notice to the respondent under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, on 29-6-1960, and asked him to pay rent. The respondent who too had filed an LH Form, but was held to be ineligible for transfer thereupon accepted the petitioner as his landlord and paid rent to him from time to time. He also gave notice to the petitioner on 21-1-1962 for carrying out certain repairs to the house. Subsequently there was default in payment of rent whereupon the petitioner filed application in the Court of the Rent Controller for eviction of the respondent. The application was on contest accepted and on 24-11-1962 the Controller gave directions to the respondent to deliver possession to the petitioner. In the meantime, the respondent had on 15-9-1961 applied to the Deputy Settlement Commissioner for…