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

Section: 30(1),30(b),30(i)

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 (1), proviso (b) and S. 30(3)(i)-Notice of transfer and notice of demand by transferee of property-May be given in one letter registered post (acknowledgment due).   Displaced Persons (Compensation and Rehabilitation) Act, (XXVIII of 1958),S. 30 (3) (i)-Notice of demand of rent by trans feree-Notice intimating merely that tenant had failed to pay rent according to assessment-Not notice of demand of rent-Provisions to be observed strictly-Tenant not obliged to find out what rent had been assessed by Municipality-Transferee's duty to inform tenant of such assessment and to make demand of same.   The transferee should give a clear notice of demand in accor dance with section 30 (3) (i), Displaced Persons (Compensation and Rehabilitation Act, 1958, and it is only on failure of the tenant to comply with the same within three months that he can be ejected in accordance with the West Pakistan Urban Rent Restriction Ordinance, 1959.   Where there was only an allegation in the notice that the tenant had failed to pay the rent according to the assessment:   Held that there being no notice of demand within the meaning of section 30 (3), clause (1), the tenant was protected in his possession and the relationship between him and the transferee could not be regulated in accordance with the Rent Restriction Ordinance, 1959. The petition under the Rent Restriction Ordinance was, therefore, incompetent in law.   Where a power is given to do a certain thing in a 'certain way the thing must be done in that way and other methods of performance are necessarily forbidden. Moreover, the tenant has a statutory right to remain in possession for a period of six years and he can be ejected only on contravention of the provisions contained in section 30 (3). The provisions should be strictly observed.   Nazir Ahmad v. King Emperor A-I R 1936 P C 253 ref.   If a transferee gives a notice to the tenant, without specifying the amount he intends to charge, and asks the tenant to pay rent in accordance with the assessment of the Municipal Committee, it will not be a…