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

Section: 30(3), (i), (ii)

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13(ii)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 30(3), cls (i) & (ii)-Tenant, after transfer of house, subletting portion thereof Transferee seeking ejectment eon that ground, held, not bound to serve notice envisaged by S. 30(3)(i)-Case, in circumstances, held, covered, by ordinary law viz. West Pakistan Urban Rent Restriction Ordinance, 1959-West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13(ii). The question was whether a tenant, who has sublet a portion of the evacuee premises after its transfer to another under the Dis placed Persons (Compensation and Rehabilitation) Act, 1958 can he ejected under the provisions of section 13, West Pakistan Urban Rent Restriction Ordinance, 1959, without giving him notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. Held: The provisions of section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 lead. on analysis, to the following conclusions:-(a) the relationship of landlord and tenant between persons covered by section 30 of the Displaced Persons (Compensation and Rehabilitation) Act is not dependent upon the issuance of any notice. If the occupant was a tenant in the premises before the transfer, then he automatically becomes a tenant of the transferee on the same terms, (b) the landlord cannot charge rent at a rate higher than the rent assessed by the Municipality or other local authority, (c) the tenant has right to occupy the aforesaid property in that capacity for a period of six years, (d) the period six years is to take effect from the date of transfer of the property if notice thereof is sent within one month of such transfer and in case such notice is not sent within the aforementioned period of one month, from the date of the receipt of such notice by the tenant, (e) the protection stands withdrawn if the rent is not paid or tendered within three months of the receipt of notice of demand or otherwise parted with by tenant, (f) on the expiry of the period of protection mentioned in proviso (b) of subsection (1) or on contravention of the provisions of subsection (3) the relationship of landlord and…