Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13 read with Displaced Persons (Compensation and Rehabilita­tion) Act (XXVIII of 1958), S. 30(3)(i)-Transferee, held, can serve notice of demand upon tenant for payment of rent not till then accruing due-Tenant committing default in payment of rent by not paying same within three months from date of receipt of notice under S. 30 of Act XXVIII of 1958, protection provided by such section comes to end. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- - S. 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--Petitioners denying relationship of landlord and tenant, petitioner not paying rent to transferee of property (respondent) - Whether quantum of rent actually due and payable by petitioners determined or not - Does not in any way affect order of ejectment - Tenant being under statutory obligation to tender rent prescribed by law, held, cannot be absolved of his liability to tender rent merely because of its being demanded in excess of legal chargeable rent. (c) Constitution of Pakistan (1973)- ---Art. 185(3)-Leave to appeal-Discretion-Petitioners unsuccess­fully raising plea of non-service of notice, such notice proved to have been refused by them-Held, not entitled to exercise of discretion in their favour. K B. Bhutto, Advocate and Syed Anwar Ali, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 21st February, 1982. ORDER ZAFFAR HUSSAIN MIRZA, J -These two petitions for special leave to appeal arise out of a common , dated 23-9-1981, by a learned Single Judge of the Sind High Court, whereby the Appeals filed by the petitioners, under section 15 of the Urban Rent Restriction Ordinance, 1959 (hereinafter referred to as the Ordinance) were dismissed. This order will, therefore, dispose of both these petitions. The dispute in these petitions relates to property Bearing No. P-II/151 and 152, Ward `A' situated in Pir Jo Goth, Taluka and District Khairpur, comprising two tenements. The property was admittedly transferred to the respondent, by the Settlement Authorities on 20-3-1973. It is common ground that on…

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