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

Section: 30

Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2, 4

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2 & 4-Protection under S. 30-Repealing Act XIV of 1975 having completely obliterated Act XXVIII of 1958 from statute book except to extent expressly saved such as for disposal of proceedings pending immediately before repeal and/or remanded by superior Courts and for disposal of residual work and S. 30 being not thus saved, occupant/tenant, held, cannot invoke its provisions for claiming protection from eviction in proceedings filed in accordance with law in force governing and regulating relations between landlord and tenant.-[Interpretation of statutes]. Link Evan's case P L D 1964 S C 536 ref. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) S. 30 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), Ss. 2 & 4-Notice-Notice required to be given by transferee/landlord under S. 30 of Act XXVIII of 1958 having been designed to fix terminus a quo of period of protection for tenant, period of protection provided by such section cannot be availed of on such section being repealed.-[Interpretation of statutes]. Link Haji Adam Hussain v. The Federation of Pakistan P L D 1962 Kar, 21 ; Sardar Muhammad v. Municipal Committee, Jhelum City P L D 1970 Lah. 99 ; Rehmat Bibi v. Maryam Akhtar 1980 C L C 883 and Ghulam Qadir v. Nazir Ahmad P L D 1980 B J 15 ref. Date of hearing : 9th November 1980.                                                                           JUDGMENT This is a Second Appeal under section 15 of the West Pakistan Urban Rent Restriction Ordinance of the? 1959 against the order of the learned III Additional District Judge, Hyderabad, passed in Rent Civil Appeal No. 294/78 on 4th March, 1980 dismissing the same and thereby upholding the order of ejectment of the appellant from the ground floor premises bearing No. F/1170, Gari Khata,…