Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13-A---Ejectment of tenant---Service of notice under provisions of S.13-A-- Ejectment application  whether  itself  a  sufficient notice---Filing of ejectment application was regarded as substantial compliance with provisions of S.13-A of the Ordinance---From the pleadings and evidence led in ejectment application, tenant knew of the death of former landlord and did not entertain any doubt about the entitlement of his daughter viz; petitioner to receive rent from him--Tenant in fact, led evidence to establish payment of rent to husband of applicant ---Ejectment application itself was thus to be regarded as sufficient notice under provisions of S.13-A, of Ordinance VI of 1959. Nazar Hussain v. Aslam Shah P L D 1977 Lah. 210; Mst. Razia Butt v. Ghulam Raza P L D 1979 Quetta 157; Sh. Muhammad Hussain v. Mst. Mubina Begum and another 1979 C L C 42 and Qaiser Zamani v. Rasheeda Begum and 2 others 1985 C L C 596 ref. Mst. Aziz Begum v. Faiyaz Butt N L R 198Q (Civil) Lah. 134; Syed Imam Rizvi v. Mst. Salma M:atoon 1985 S C M R 24 and Muhammad Siddique v. Mst. Sharifan and another Law Notes 1969 SC 78 rel. West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction-- Plea of default could not be adverted to, and commented   upon for first time in Constitutional jurisdiction for recording decision thereon---Appellate forum while deciding appeal recorded no finding, express or implied on issue of default in payment of rent---Initial jurisdiction to decide on the issue of default would rest upon Appellate forum---Case was remanded to Appellate forum to decide appeal afresh in accordance with the finding to be made by him on the issue relating to default in payment of rent. Khan Muhammad Younas Khan for Petitioner. Zamir Tirmazi on behalf of Maulvi Ehsan-ul-Haq for Respondents. Date of hearing: 26th November, 1989. JUDGMENT Dispute in the writ petition concerns a house situated within municipal limits of Sialkot. It was owned by Haji Aziz Din. He let it out to Qamar-ud-Din as tenant upon…