Law:

Section:

Transfer of Property Act (IV of 1882)---S. 106 read with S. 1 and Province of West Pakistan (Dissolution) Order, 1970 P. O. 1 of 1970, Art. 4, Central Adaptation of Laws Order, 1964 [P. O. 1 of 1964]-Applicability of statutes-Principles of equity, justice and good conscience-Notice to quit-Legislature did not itself make Transfer of Property Act, 1882 applicable to any part of country and left it to Provincial Governments to extend its application to their area by issuing notification-No such notification issued by Provincial Government to extend application of Act to Islamabad Federal Territory Transfer of Property Act, 1882, hence, held, not applicable to Islamabad Federal Territory Act, held further, could also not be made applicable to such territory merely for reason of its being a Federal Area and Act concerned being a Central Act-Nor could suit for ejectment fail on ground to failure to comply with principles of equity, justice and good conscience due to previous notice to quit having not been given by landlord to tenant. Interpretation of statutes. ORDER ABDUL KADIR SHAIKH, J.-This petition arises out of a suit filed by the respondent for ejectment of his tenant, petitioner herein, from House No. 22 Street No. 8, F-7/3, Islamabad. The respondent had given the house on lease to the petitioner on monthly rent of Rs.2300, and according to him, he bad terminated the lease by means of telegraphic notice dated 13-7-1978, and was entitled to possession of the demised premises. The petitioner resisted ejectment on the ground that notice under section 106 of the Transfer of Property Act, 1882, had not been served upon him. The Senior Civil Judge, Rawalpindi who heard the case held that the Transfer of Property Act, 1882, had not been extended to the Province of the Punjab and the Islamabad Federal Territory, and the petitioner cannot, therefore, take shelter under the provisions of section 106 of the Act. Learned Senior Civil Judge was, however, of the view that although the Transfer of Property Act, 1882, was not extended to Islamabad Federal Territory, yet the provisions of section 106 of the Act are to be followed as principles of equity, justice and good…

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