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

Section: 30

Law: General Clauses Act (X of 1897)

Section: 6

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXV1I1 of 1958)  S. 30, General Clauses Act (X of 1897), S. 6, Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2(2) and West Pakistan Urban Rent Restriction Ordinance, (VI of 1959), S. 13Notice under SEffect after repeal of Act 1958Transfer order, document of title, containing no condition of notice to person in possession of propertyEjectment of tenant, implied element of enjoyment of ownership of propertyCan be restricted by mutual contract for fixed periodLease coming to end stipulation disappearsStipulation also may disappear by operation of law or in exercise of special power reserved by ownerOwner dispensing with protection initially provided by condition of notice in lawObject of protection achieved by closing settlement operation leaving transferees free in matter of relationship of landlord and tenant to be regulated by general lawProtection and requirement of notice, held, disappeared. B. A. Evans v. Muhammad Ashraf P L D 1964 S C 536 and Mst. Amina Begum etc. v. Mehr Ghulam Dastgir Law Notes 1979 Lah. 299 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVI1I of 1958)  S. 30, & Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S. 2 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13Notice under S. 30, requirement ofContention that if requirement of notice dispensed with by repeal of Act 1958 appellants be treated as trespassers and not tenants and could be dispossessed by decree of civil Court and Rent Controller had no jurisdiction in such cases, held, had no forceOccupation of property by some overt act, not defence of appellantsPerson in possession of property, part of compensation pool, deemed to be in authorised possession even without allotment order. Date of hearing 14th November 1979.             JUDGMENT In these two connected Second Appeals (S. A. O. No. 442/77 and S. A. O. No. 160/78 no arguments on merits have been addressed by the counsel for the appellants. 2. The only point which is common in these two appeals raised by the…