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

Section: 30

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

Displaced Persons (Compensation and Rehabilitation) Act (XX VIII of 1958) S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Ejectment-Respon dents claiming to be transferees of premises on basis of letter issued by Settlement authorities stating property to have been provisionally transferred to them and seeking ejectment of tenant Notional possession delivered to transferees but no P. T. O. issued Settlement authority's such letter-Not sufficient to constitute respondents either "transferees" or "provisional transferees" Case remanded to Rent Controller to determine whether full price and settlement fees paid before delivery of notional posses sion, and whether relevant register contained entry showing property as permanently transferred to respondents. L. P. A. No. 242 of 1962 rel. Dates of hearing : 26th 27th and 28th November 1969. JUDGMENT NASIM HASAN SHAH, J.-This second appeal is directed against the judgment dated 4th June 1969, passed by the learned Additional District Judge, Lahore, whereby he armed the order of the learned Rent Controller, dated 22-1-69 directing the ejectment of the appellant under section 13 of the West Pakistan Urban Rent Restriction Ordinance, (hereinafter called the Ordinance) from flat No. 38 in property No. S. 37-R-161/S-37 R. 155 Beadon Road, Lahore. 2. The facts which constitute the background are that the respondents claimed that they were the transferees of the property in dispute from the Settlement Department, that the appellant was occupying two rooms in fiat No. 38 at the time of transfer and was served with a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter called the Act) intimating the fact of transfer and calling upon him to pay rent. The appellant, however, failed to pay or tender any rent despite the receipt of the said notice and had thus committed default. A petition under section 13 of the Ordinance for his ejectment was, therefore, filed. 3. The appellant besides raising certain factual pleas to the effect that he had not received the notice and that he was not living in the property from which…