Case Details

Citation(s)
1980 SLG 3303 = 1980 SLD 3303 = 1980 CLC 2021
Lahore High Court
Second Appeal from Original Order No. 89 of 1975, heard on 8th April, 1980.
Presented By: Khurshid Ahmad, J
Abdul Hamid Koran v. Settlement & Rehabilitation Commissioner etc. P L D 1966 S C 719 ; Shaukat Ali Khan v. Settlement Commissioner etc. 1972 S C M R 124 ; Ayoob v. MasjideNoncan 1973 S C M R 604 ; Abdullah Bhai v. Ahmad Din. P L D 1964 S C 106 , Mst. Amina Begum v. Mehar Ghulam Dastgir P L. D 1978 S C 220 and Messrs M. WahahudDin & Sons v. The Controller of Rents etc. P L D 1971 Pesh. 236 ref. Jariullah Khan for Appellant. Mian Nazir Akhtar for
Respondent.

MUHAMMAD IRSHAD-Appellant

VERSUS

Syed MUMTAZ HUSSAIN-Respondent

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

Section: 30

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)  S. 30 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13Protection under S. 30Words and phrases"Garage" falls within definition of term "house"Person in occupation of house or a portion thereofHeld, entitled to protection under S: 30Contention that period of six years having expired during pendency of appeal, cause of action be declared to have matured, held, had no forceSuch contention may have force if statutory period expired during pendency of petition for eviction. [Words and phrases]. Date of hearing : 8th April, 1980.                                                                                                                    JUDGMENT On 21st September, 1973 the respondent filed a petition under sec tion 13 of the Rent Restriction Ordinance for tree eviction of the appellant from a garage along with interfloor which is in occupation of the appellant. The property to which this garage and the interfloor is attached is admittedly an evacuee property. The respondent served the appellant with a notice dated 5th June, 1973 under section 30 of the Displaced Persons (Compensation & Rehabilitation) Act which is Annex A/3. It was stated in the notice that on the transfer of the property in favour of the respondent, vide P. T. O. No. 4.11262, dated 5th October, 1960 the appellant had become a statutory tenant and was liable to pay the monthly rent to the respondent @ Rs. 30 and was required to clear the arrears within three months of the receipt of the notice and also to pay the future rent at the same rate. The reply to this notice is Exh. A/4 in which the appellant accepted his position as a statutory tenant. 2. The eviction application filed by the respondent proceeded on the ground of damage and personal need. This petition was resisted…
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