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

Section: 15

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

Section: 30

West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15-Findings of fact by Authorities below-Not open to reappraisal in second appeal.   Displaced. Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Notice under S. 30 proved to have been served-Second notice of demand not necessary to deprive tenant of protection.     JUDGMENT   Learned counsel contends that because the Acknowledgment Due receipt of the notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, alleged to have been A. R, Sheikh served on the appellant has not been produced by the respondent J landlady, an adverse inference should have been drawn against her in view of illustration (g) to section 114 of the Evidence Act, and as such her petition for ejectment was not maintainable. I am not impressed by the argument. The notice in question is stated to have been served through a counsel, who has appeared as P. W. I and has stated that according to his recollection notice was served by him on the appellant under instructions from the respondent under the provisions of section 30 of Act XXVIII of 1958, and this notice was registered Acknowledgment Due. He has proved a copy of the notice (Exh. P. 1), retained in his office. It is also in evidence that the appellant executed the rent note in favour of the respondent after service of the notice. All this evidence has been believed by the two Authorities below and this finding of fact is not open to reappraisal in second appeal. The objection fails and is repelled.   2. Learned' counsel further contends that in any case because the default in payment of rent is alleged to have' occurred not within three months after the service of notice under section 30 but about two years later, a fresh notice of demand was necessary to vest the Rent Controller with jurisdiction, and in this regard he has referred me to the following extract from Malik Abduct Aziz v. West Pakistan Publishing Company (Private) Ltd. (P L D 1965 Lah. 82).   "The mere default, however, will not subject him to ordinary law. It has further to be proved by the landlord that he had…