| Citation(s) |
|---|
| 1981 SLG 3168 = 1981 SLD 3168 = 1981 CLC 1719 |
Court of Special Judge, Karachi
Second Appeal No. 87 of 1979. decided on 29th January 1981.
Presented By: Saleem Akhtar, J
Hasan Mahmood Baig for Appellant. Hakim Ali Siddiqui for
Respondents.
Second Appeal No. 87 of 1979. decided on 29th January 1981.
Presented By: Saleem Akhtar, J
Hasan Mahmood Baig for Appellant. Hakim Ali Siddiqui for
Respondents.
PHOOL MUHAMMAD---Appellant
VERSUS
S. HASSAN ARIF FATMI AND 4 OTHERS----Respondents
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 30
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13, IS
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 30 read with evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)-Repeal-Effect-Act XXVIII of 1958 having been repealed by Act XI V of 1975 with effect from 28th January 1975, no notice under S. 30, Act XXVIII of 1958. held, required to be given after such date and relationship between parties could not be regulated by S 30 of Act XXVIII of 1958. -[Inter pretation of statutes). (b) West Pakistan Urban Rent , Restriction Ordinance (VI of 1959) Ss. 13 & IS-Concurrent findings of fact-High Court's jurisdiction to interfere-Both Courts below holding respondent guilty of default-Such finding cannot be said to be a finding purely on a ques tion of fact-Appellants proved to have been depositing rent and event continuing to deposit same after second ejectment application filed against them---- Determination of question whether default committed by tenant within meaning of S. 13…