Case Details

Citation(s)
1981 SLG 3131 = 1981 SLD 3131 = 1981 CLC 903
Court of Special Judge, Karachi
Second Appeal No. 63 of 1974, decided on 9th September, 1980.
Presented By: Tanzil-ur-Rehman, J
Sadiq Ali Khoja for Appellants. Ahmed Ali Memon for
Respondent.

Smt. VIDAYABAI AND 3 others ---Appellants

VERSUS

MOORANJMAL-Respondent

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

Section: 30

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 15(4), 13

Law: Civil Procedure Code (V of 1908)

Section: 96, O. XII, r. 2

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 30 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 (4)-Notice under S. 30 properly addressed and served on tenant and acknowledgment receipt bearing his signa ture produced-Fact of acknowledgment receipt bearing correct address and its being signed by tenant not denied-Contention as to service of notice under S. 30 being not in accordance with law due to postman being not produced, held, without force. Imroz Khan v. Arbab Khan P L D 1980 Pesh. 163. distinguished. Bashir Ahmad v. Mumtaz Khan P L D 1965 Lab. 126 and Mohomed Umar v. Hakam Khan P L D 1968 Lab. 1101 rel. (b) Civil Procedure Code (V of 1908)  S. 96 and O. XII, r. 22 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15-Provisions of Civil Pro cedure Code though not applicable to rent proceedings yet its principle being beneficial could be resorted to-First appeal heard and determined as an appeal from original decree under S. 96, C. P. C.-Cross-objection under O. XII, r. 22, held, could be filed by appellant in first appeal. Muhammad Azim and others v. Muhammad…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register