Case Details

Citation(s)
1967 SLG 5395 = 1967 SLD 5395 = 1967 PLD 29
Lahore High Court
Second Appeal from Order No. 95 of 1964, decided on 24th June 1966.
Presented By: S. A. Mahmood and Shaukat Ali, JJ  
H. A. Taib for Appellant.   Dr. Nasim Hassan Shah for
Respondent.  

Mian REHMAT ALI-Appellant  

VERSUS

  KHADEJA HAKIM-Respondent

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

Section: 30

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

Section: 13,15

  Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30 - Tenant after receipt of t notice under S. 30 depositing rent with Rehabilitation Department Tenant bound to pay rent to P. T. O. holder at existing rate of rent or on basis of latest assessment of Municipal Committee or local authority-Tenant held, defaulter by not making payment to transferee, Despite the receipt of a notice from the transferee that a P. T. O. had been issued in her favour, the tenant deposited the rent for the month of March 1960 with the Department. In law, he was liable to pay rent to the transferee under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act from the date of transfer, but he did not tender rent to her for this period. His payment of rent at the rate of Rs. 54 to the Department did not absolve him from his liability to tender the rent due to the transferee at the existing rate of rent, or on the basis of the latest assessment of the Municipality or local Authority, as the case may be. The existing rent of the house was Rs. 80 p.m. The payment at the rate of Rs. 54 per month to the Department still left him a defaulter in the payment of the due rent for over a month.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Transferee is entitled to charge rent on basis of latest assessment of Municipal Committee or local authority.   As under proviso (a) to subsection (1) of section 30, it was lawful for the transferee to charge the rent on the basis of latest assessment of the Municipality or local authority, as the case may be, there was no obligation on the tenant to pay rent in excess of this amount.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Tenant can be ejected if he fails to pay arrears of rent within three months from date of receipt of notice Rent not mentioned in notice-Tenant should pay rent at rate which he was paying to Rehabilitation Department Notice mentioning excessive rent-Tenant bound to pay rent due.   To enable the transferee to eject a person before the expiry of the period of protection, it is necessary for him…
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