| Citation(s) |
|---|
| 1982 SLG 518 1982 SLD 518 1982 SCMR 894 |
Supreme Court of Pakistan
Civil Appeal No. K-76 of 1974, heard on 15-12-1981.(Against the judgment and order dated 20-9-1973 of the High Court of Sind & Baluchistan in Second, Appeal No. 104 of 1968)
ZAFAR HUSSAIN MIRZA AND M. S. H. QURESHI, JJ
Ali Akbar, Advocate-on-Record for Appellant. S. A. Quraishi, Advocate Supreme Court with A. Aziz Dastgir, Advocate-on-Record for
Respondent No. 1. Abdul Majid Advocate Supreme Court with Ahmad Ullah, Advocate-on-Record for
Respondent No. 2.
Civil Appeal No. K-76 of 1974, heard on 15-12-1981.(Against the judgment and order dated 20-9-1973 of the High Court of Sind & Baluchistan in Second, Appeal No. 104 of 1968)
ZAFAR HUSSAIN MIRZA AND M. S. H. QURESHI, JJ
Ali Akbar, Advocate-on-Record for Appellant. S. A. Quraishi, Advocate Supreme Court with A. Aziz Dastgir, Advocate-on-Record for
Respondent No. 1. Abdul Majid Advocate Supreme Court with Ahmad Ullah, Advocate-on-Record for
Respondent No. 2.
MANZOOR AHMAD
VS
MUHAMMAD AMIN
Law:
Section:
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)---S. 30 read with Permanent Transfer Rules, 1961, r. 4 and Transfer of Property Act (VII of 1882), S. 8-Vesting of property-Transferee without giving notice under S. 30 dying and property devolving on his heirs, or transferee alienating property and divesting himself of all his rights and interests in property-Legal representatives in first case or vendees in second case step into shoes of transferees and vested with all rights and privileges conferred by law on transferee-Transferee entitled to transfer or alienate such property in accordance with normal law and alienee acquiring all rights and interest of transferor such rights ipso facto include right to seek eviction of tenant in accordance with S. 30 in same manner as original transferee. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)- ----S. 30 and West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-A-Notice-All required ingredients, i.e. factum of transfer in favour of transferee, purchase, demand of rent from date of purchase given in notice under S. 30-Material information required to be conveyed to tenant under S. 13-A contained in notice under S. 30-Notices, held, could be combined and no separate notice under S. 13-A necessary in circumstances-Act XXVIII having been repealed no notice under S. 13-A, held further, necessary. ORDER M. S. H. QURESHI, J.-This is a tenant's appeal by leave of this Court granted to consider whether he had been served with a notice as required under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. 2. The question arose in the following circumstance. Appellant Manzoor Ahmad has been in possession of tenement No. 1/3 on the first floor of building situate on Plot No. $. Survey-sheet IV, Napiers Quarters, Lalmandas Street, Karachi. This tenement, being an evacuee property, had been transferred to one Ferozuddin by the Settlement Department under a P. T. O. issued in January, 1961 followed by P T D issued in December, 1964. Muhammad Amin, the respondent in this appeal, purchased it from Ferozuddin in April, 1965. He moved a…
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