Case Details

Citation(s)
1975 SLG 3354 = 1975 SLD 3354 = 1975 PLD 1117
Lahore High Court
Letters Patent Appeal No. 6 of 1972, in S. A. O. 42 of 1972, decided on 9th July 1975.
Presented By: Mushtaq Hussain and A. R. Sheikh, JJ
Agha Taj Muhammad for Appellant. Abdur Rehman Ghazi for
Respondents.

Sh. LAL MUHAMMAD-Appellant

VERSUS

MOHAMMAD MUSHTAQ AND others--Respondents

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

Section: 13-A

West Pakistan Urban Rent Restriction Ordinance (VI of 1959) Ss. 13 & 13-A--Period of payment of rent-Contention that tenant could pay arrears of rent within 45 days, i.e., 15 days as available under S. 13 plus 30 days as available under S. 13-A-Held, incorrect-Section 13-A, application of-Limited to cases involving transfer of property by landlord to some other person -Transferee in such case required to serve registered notice on tenant and tenant entitled to pay rent within 30 days counted from date when notice should in normal course have reached him-Period of 15 days pre scribed by S. 13--m-Enlarged to 30 days in such eventuality-Period of 30 days granted by S. 13-A-Not available in addition to period of 15 days granted by S. 13. Dates of hearing : 20th January, 23rd June and 9th July 1975.                                                                                                                                                              JUDGMENT MUSHTAQ HUSSAIN, J.----Lal Muhammad appellant was the occupant of house No. B-XI-6-S-1, Gujranwala. It was transferred to him by the Settlement Department under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. He sold the property to one Ejaz Hussain. The purchaser sold the property further to Muhammad Mushtaq and others. Lal Muhammad continued in possession of the property as a tenant of Ejaz Hussain. When the property was transferred to Muhammad Mushtaq and others they served him with a notice under section 13-A of the Rent Restriction Laws and since the appellant failed to pay the rent within a period of 30 days prescribed by section 13-A an application for ejectment was filed by them against him. A number of pleas were raised by the present appellant in defence and six issues were framed. The…
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