Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ----S. 13 Default in payment of rent Eviction of tenant Landlord when writing to tenants to pay rent @ Rs. 565 per month, Municipal Committee's assessment also being same Tenant during pendency of ejectment proceedings in Rent Controller's Court apply¬ing for reduction of rent and Municipal Corporation reducing same to Rs. 347 per mensem Landlord subsequently demanding rent @ Rs. 347 per mensem Tenant refusing to pay rent either @ Rs. 565 per mensem or @ Rs. 347 per mensem although fully in the know of latest municipal assessment on both occasions but maintaining his obligation to pay rent @, Rs. 223 fixed by Rehabilitation authorities Tenant, held, defaulted in payment of rent contumaciously and his ejectment rightly ordered. Ahmad Khan v. Sakina Bi 1969 S C M R 435 and Ghulam Rasool v. Ghulam Rasool 1977 S C M R 147 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) S. 13 read with Displaced Persons (Compensation and Rehabilita¬tion) Act (XXVIII of 1958), S. 30 Eviction of tenant Notice¬ served on tenant by registered post acknowledgment due clearly intimating property in dispute having been transferred to landlords by Settlement Department and also calling upon tenant to make payment to such landlords in future Substance of notice A notice under S. 30 of Act XXVIII of 1958 Conduct of petitioner throughout also being that of a tenant of respondent landlords¬ Contention regarding non service of notice on tenant under S. 30, in circumstances, held, without substance. ORDER G. SAFDAR SHAH, J. The rather protracted litigation between the parties herein concerns a composite commercial tenement bearing Nos. G 6 1/1 C, 2/1 B and 3,11 constructed on survey Nos. M. R. 2/31 and 31 A, Ward No. II B 127, situated near the Bouiton Market, Karachi. The case of the petitioner has throughout been that the said property, which was evacuee property, was let out to him by the Custodian on rent and thereafter he raised upon it the said commercial tenements. The record would show that the property in question was treated by the Settlement Department as a big mansion; that the same was subsequently…

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