| Citation(s) |
|---|
| 1965 SLG 4609 = 1965 SLD 4609 = 1965 PLD 129 |
West Pakistan Peshawar
Further Civil Appeals Nos. 102/67 and 148/96 of 1960, decided on 24th February 1965.
Presented By: Shakirullah Jan, J
Jumo Khan v. Rarnzani P L D 1959 Kar. 60; Zafar-ul Ahsan v. The Republic of Pakistan P L D 1960 S C 113; Muhammad Daud v. Sher Bahadur Khan and another P L D 1963 Pesh. 217 and Mrs. Keays Byrne v. Obaidullah Khan P L D 1961 Lah. 256 ref. Mst. Dilbar Jan v. Ghulam Muhammad Khan P L D 1960 Pesh. 15 not fol. Khan Abdul Latif Khan for Appellant. Pir Bakhsh Khan for
Respondent No. 1. Sh. Allah Bakhsh Khan for
Respondent No. 2.
Further Civil Appeals Nos. 102/67 and 148/96 of 1960, decided on 24th February 1965.
Presented By: Shakirullah Jan, J
Jumo Khan v. Rarnzani P L D 1959 Kar. 60; Zafar-ul Ahsan v. The Republic of Pakistan P L D 1960 S C 113; Muhammad Daud v. Sher Bahadur Khan and another P L D 1963 Pesh. 217 and Mrs. Keays Byrne v. Obaidullah Khan P L D 1961 Lah. 256 ref. Mst. Dilbar Jan v. Ghulam Muhammad Khan P L D 1960 Pesh. 15 not fol. Khan Abdul Latif Khan for Appellant. Pir Bakhsh Khan for
Respondent No. 1. Sh. Allah Bakhsh Khan for
Respondent No. 2.
Haji GHULAVI MUHAMMAD KHAN-Defendant-Appellant
VERSUS
(1) M. MUTIULLAH KHAN--Plaintiff AND (2) ABDUL QAYYUM KHAN-Defendant-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13(1)
West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13 (1)-Eviction of tenant-Suit by landlord against tenant for ejectment and recovery of rent--Ordinance coming into force during pendency of suit-Civil Court not competent to proceed with suit and pass decree for ejectment-Decree passed in such circumstance-Null and void. Dates of hearing: 12th and 15th February 1965. JUDGMENT The facts of the case giving rise to Further Appeal No. 102/67 of 1960-Haji Ghulam Muhammad v. Mutiullah and Abdul Qayum and No. 148/96 of 1960-Abdul Qayum v. Matiullah and Haji Ghulam Muhammad, as set out in the written statement of Abdul Qayum, briefly are that the house in dispute situate in Muslim Bazar, D. 1. Khan CAS, originally belonged to Gopi Chand, who was declared an insolvent and in the insolvency proceedings it was purchased icy M, Allah Bakhsh, who, on the basis of a registered sale deed dated the 30th of January 1934, is alleged to have sold it to Sahibzada Mir Ahmad of Zakori for the ostensible sum of Rs. 6,000 which amount was paid through cheque. Sahibzada Mir Ahmad of Zakori was away from D.I. Khan in connection with his business and thus his property was managed by M. Allah Bakhsh in his absence. On the death of Sahibzada Mir Ahmad of Zakori, a private partition took place among his sons and the suit house fell to the share of Haji Ghulam Muhammad son of Sahibzada Mir Ahmad. M. Allah Bakhsh went on pilgrimage to Macca, where he is said to have died in1950, Mutiullah respondent son of M. Allah Bakhsh claimed the house in suit as belonging to him, and, consequently, Abdul Qayum executed three rent deeds, i.e., rent deed dated the 15th of January 1951 (copy Exh. P. W. 6j1), another deed dated the 16th of February 1953 (copy Exh. P. W. 1) Exh. P. 3/3) regarding the suit house according to which he was to pay rent at the rate of Rs. 8 p.m. to him. On the 18th of February 1956, Mutiullah instituted a suit, out of which these appealshave arisen, for the ejectment of Abdul Qayum, defendant-appellant from the house and for the recovery of Rs. 120 as arrears of rent for 15 months at the rate of Rs. 8 p.m Abdul Qayum resisted…