Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 12th January 1970, in L. P. A. No. 2 t 4 of 1967).   West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(2)(ii)(a) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30(1), (3)(ii) & (4) Ejectment-Statutory tenant doing anything in contravention of Cl. (ii) of S. 30(3) of Act XXVIII of 1958-Liable to eviction, whether notice of transfer served on him or not. Date of hearing : 23rd April 1970. JUDGMENT M. R. KHAN, J.-The sole question raised in this petition is whether a person who is statutory tenant under section 30 (1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, is liable to be ejected on the ground that he sublet the property after its transfer in favour of a claimant, although the notice of such transfer was not proved to have been served on the statutory tenant. A learned Single Judge of the High Court of West Pakistan, Lahore, in a Regular Second Appeal, answered this question in affirmative and held that the statutory tenant, in the instant case, is liable to be ejected as it was found on evidence that he had, in fact, sublet the shop in dispute. The petitioner who was the statutory tenant in this case took a Letters Patent Appeal against the decision of the learned Single Judge. The learned Judges of the Letters Patent Bench armed the view of the learned Single Judge and maintained the order of ejectment. The petitioner now seeks special leave to appeal. It is contended by the learned counsel for the petitioner that a statutory tenant is not liable to be ejected on the ground of subletting unless a notice of the transfer of the property has been first served on him. This contention cannot be accepted as correct. According to section 3:) (1) of the Displaced Persons (Compensa tion and Rehabilitation) Act, the person in possession of an evacuee house or shop, shall be deemed to by a tenant of the transferee of that house or shop, as the case may be, on the same terms and conditions as to payment of rent or otherwise on which he held it immediately before the transfer. There is no…