Law: Evidence Act, (1 of 1872)

Section: 61

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13-A

(a) Evidence Act (I of 1872) S. 61-Postal acknowledgement-No provision of law requires production of postal acknowledgement ,as a matter of evidence before Court, such acknowledgement seldom reaching sender. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)   S. 13-A-Notice-Reason for giving notice under S. 13-A: to inform tenant of landlord having sold property to another person so that rent could thereafter be paid by tenant to new landlord. Date of hearing : 15th July, 1980.                                                                                                                             ORDER MUSHTAQ HUSSSAIN J-Khuda bakhsh is in occupation of a shop in property no.P/771 station road Faisalabadas tenant having been inducted by a previous owner of the property by the name of Abdul haleem this is Abdul haleem. . 2. The new owner Muhammad Yaqub filed an application for ejectment of the petitioner from the shop on the grounds that he had defaulted in payment of rent and that the shop was required by the landlord for his personal need. He alleged that on 25-4-1973 he had sent a notice under sec tion 13-A of the Urban Rent Restriction Ordinance to Khuda Bakksh informing him of the transfer of the property in his favour. 3. Khuda Bakhsh denied the service of notice as well as the default in payment of rent and the personal need of the landlord. 4. On 7-7-1977 the application for ejectment was dismissed. 5. The landlord filed an appeal against this order which was accepted on 10-9-1979 by the Additional District Judge and on S. A. O. filed against it by the present petitioner was dismissed by the Lahore High Court on 20-3-80. Hence this petition for special leave to appeal. 6. It has been argued before us by the learned counsel for the petitioner that his client had not received the notice and that no postal acknowledge ment of…