Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

Law: Constitution of Pakistan, 1962

Section: 58(3)

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 and Constitution of Pakistan (1962), Art. 58(3)--Petition for ejectment of tenant under Ordinance VI of 1959 for wilful default in payment of rent-Concurrent findings by Courts below-Supreme Court refused to grant Special Leave to Appeal. Date of hearing : 23rd February 1972.                                                                                                                           JUDGMENT SALAHUDDIN AHMED, J.-In this petition the .question raised for consideration was whether the petitioner bad committed wilful default in the payment of rent. Included in this question was the further question as to what was the rent of the premises in question which the respondents were entitled to clam and the petitioner was under an obligation to pay. The respondents are joint transferees of the first floor of the premises in dispute under a Provisional Transfer Order dated the 2nd of February 1960, issued by the Settlement Authorities. By virtue of this transfer the petitioner became a statutory tenant of the respondents. The petitioner was a refugee from Amritsar and he had filed a C. H. Form on the 21st of January 1960. It appears, however, that his form was never accepted. The respondents issued three notices under section 30 of the Displac ed Persons (Compensation and Rehabilitation) Act, 1958, dated the 24th January 1961, 31st July 1961; and 1st December 1962 to the petitioner asking him to pay rent within a certain period but the notices were not complied with. The respondents thereafter instituted ejectment proceedings against the petitioner, on the grounds of default in the payment of rent at the rate of Rs. 88 per month from 31-1-1960, and of personal use. There was a dispute as to the rate of rent payable and the Rent Controller by his order dated the 19th August 1963 tentatively…