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

Section: 13,3

Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 30

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13-Tenant in arrears of rent for more than three years-Rent Controller held fully justified in passing ejectment order in favour of landlord.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-----S. 30-Agreement to pay rent at rate higher than latest assessment-Not binding on tenant.   E. V. Evans v. Muhammad Ashraf P L D 1964 S C 536 ref.   (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 3-Notification under section-Scope restricted to property vested in Government under statute-Property leased out to public servant-Cannot be said to "vest" in such public servant.   Dymock v. Showell's Brewery Company Limited 79 L T R 329 and Abdus Salam v. Waheeduddin P L D 1963 Lah. 517 ref.   Dates of hearing: 3rd and 24th May 1965.   JUDGMENT   This is a Second Appeal under section 15, subsection (4) of the West Pakistan Urban Rent Restriction Ordinance, 1959, from the judgment of the District Judge, Tharparkar at Mirpurkhas in Civil Appeal No. 26 of 1964. By this judgment the learned subordinate Appellate Court dismissed the appeal of the appellant and upheld the order of the Rent Controller passed for the ejectment of the appellant from the property in dispute.   Briefly, the facts leading to this appeal are: That House No. 164/1, situated in Hirabad Mirpurkhas is in occupation of the appellant since before 1947, as tenant of the evacuee owners. After 1947, the property in dispute was treated as evacuee and the appellant had to pay rent to the Custodian Department for this reason. The property in dispute alongwith other evacuee properties was acquired under section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, by the Central Government for disposing of in accordance with the above--men tioned provision of law. On 15th October 1959, the Settlement Authorities provisionally transferred it to the respondent. The Final Transfer Order was passed in his favour on 1st May 1961.   The appellant was in arrears of rent from October 1959 to April 1961 and from 1stMay 1961 to 31st May…