| Citation(s) |
|---|
| 1981 SLG 3046 = 1981 SLD 3046 = 1981 SCMR 105 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 3 1 5 of 1980, decided on 30th March, 1980. (On appeal from the judgment and order of the Lahore High Court, dated 16-2-1980, in S. A. O. No. 48/79).
Presented By: Karam Elahee Chauhan and Abdul Kadir Sheikh, JJ
S. M. Akhtar Mir, Advocate Supreme Court and Ch. Muhammad Alam, Advocate-on-Record for Petitioner. Nemo for
Respondent.
Civil Petition for Special Leave to Appeal No. 3 1 5 of 1980, decided on 30th March, 1980. (On appeal from the judgment and order of the Lahore High Court, dated 16-2-1980, in S. A. O. No. 48/79).
Presented By: Karam Elahee Chauhan and Abdul Kadir Sheikh, JJ
S. M. Akhtar Mir, Advocate Supreme Court and Ch. Muhammad Alam, Advocate-on-Record for Petitioner. Nemo for
Respondent.
MUHAMMAD YOUSAF-Petitioner
VERSUS
MUZAFFAR ALI-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
Section: 13
Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958
Section: 30
Law: Limitation Act (IX of 1908)
Section: 144
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13-Ejectment-Certified copy of order of Settlement authority read with his previous order clearly showing room in dispute being situated behind petitioner's shop and transferred to respondent-land lord-Rent Controller at initial stage dismissing landlord's application for ejectment on ground of non-establishment of entitlement of landlord to such room but on appeal appellate Court reversing finding and re manding case for decision afresh and Rent Controller accordingly finding landlord's title established and ejecting petitioner-Contention as to landlord-respondent being not transferee of shop since P. T. O. issued to landlord mentioned property generally without giving further details and as such respondent should first have got same demarcated from Settlement Department, held, without force in circumstances District Judge, held further, simply gave effect to order of Settlement authority and not demarcated property and orders of Rent Controller in circumstances not without jurisdiction. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) Sched 30.-Transfer of evacuee property-Transfer orders passed by Settlement authorities in presence of parties concerned, held, binding and no party can be allowed to reclaim from Rent Controller in a cir cuitous way same room which he lost before such authorities. (c) Limitation Act (IX of 1908) Art. 144-Adverse possession-Evacuee shop transferred to A--B tenant of shop served with notice by A intimating fact of transfer and demanding payment of rent-Prior to issuance of notice possession of B being under Settlement and Rehabilitation Department, cause of action to file ejectment application, held, arose only after issuance of requisite statutory notice and not earlier, hence, question of adverse possession of B against A did not arise-Displaced Persons (Compensa tion and Rehabilitation) Act (XXVIII of 1958), S. 30. Date of hearing : 30th March, 1980. …