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

Section: 30

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 30-Statutory tenancy - Agreement - Question of a written agreement of tenancy, held, does not arise in case of a statutory tenancy. Link Shin Gul v. Abdul Majld P L D 1968 Quetta 45 ref. . (b) West Pakistan Urban Rent Restriction Ordinance (Vi of 1959) S. 2(g)-Residential building-Use of a building for purposes of business or trade-Alone regarded as non-residential use-All other uses to be regarded as residential uses.--[Interpretation of statutes]. Link Date of hearing : 13th January 1980.                                                                                    JUDGMENT The appellant is the statutory tenant of the respondent in respect of a small one-room house situated in Nasirabad Town, District Larkana. 2. On an application dated 3-7-74 under section 13 of the Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance) filed by the respondent, the learned Rent Controller, Warah by his order dated 13-5-76 directed the appellant to put the respondent in possession of the premises in question on two grounds, firstly that he had committed default in the payment of rent and secondly that the premises were required in good faith for personal occupation by the respondent. The appeal filed by the appellant was also dismissed by the learned Second Additional District Judge, Larkana, who maintained the order of the Rent Controller by the impugned judgment dated 21-5-78. The appellant now seeks to challenge the said judgment in this second appeal. 3. On the first ground the case of the respondent is that the appellant had failed to pay the rent for the months of March, April and May 1974 and tendered the same in the month of June 1974. The appellant on the other hand, contends that he had also along been paying rent at the agreed rate of Rs. 4 per month regularly, but the respondent demanded enhanced rent and refused to accept the same at the aforesaid…