| Citation(s) |
|---|
| 1982 SLG 725 1982 SLD 725 1982 PLD 212 |
Supreme Court of Pakistan
Civil Petition No. 18-P of 1982, decision dated: 22-02-1982.
ASLAM RIAZ HUSSAIN, SHAFIURREHMAN AND M. S. H. QURESHI, JJ
Raza A. Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record. Nemo.
Civil Petition No. 18-P of 1982, decision dated: 22-02-1982.
ASLAM RIAZ HUSSAIN, SHAFIURREHMAN AND M. S. H. QURESHI, JJ
Raza A. Khan, Advocate Supreme Court and M. Qasim Imam, Advocate-on-Record. Nemo.
MUHAMMAD HUSSAIN
VS
Haji CHAUDHRY UMAR BAKHSH AND ANOTHER
Law:
Section:
West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-S. 13-B-Eviction-Notice-Section 13-B deals with question of default in payment of rent and protects tenant against such allegation Prescribed notice if not given by transferee landlord, tenant not deemed to have defaulted in payment of rent for purpose of S. 13(2)(ii)Default arises only when rent not paid within 30 days from date of notice -Ejectment application filed on grounds other than that of default in payment of rent, held, not affected by provisions of S. 13-B and application for ejectment by transferee landlord on ground of personal requirement maintainable even though no notice under S. 13-B served on tenant. Sabu Mal v. Kika Ram alias Heman Das 1973 S C M R 185 ref. ORDER ASLAM RIAZ HUSSAIN, J.-This is a petition by Muhammad - Hussain (tenant) against the order of the Peshawar High Court dated 16-1-1982, dismissing his S. A. O. in a rent matter. 2. The facts leading to the petition are briefly that Haji Chaudbry Umar Bakhsh (respondent-landlord) filed an application for ejectment of the petitioner from the premises in question, on the ground of requirement for personal use. The learned Rent Controller, after recording the evidence; accepted the ejectment application and ordered petitioner's eviction. The appeal filed by him before the District Judge was also dismissed. He then filed an S. A. O. before the High Court, which too, met the same fate. Hence the present petition. 3. The only contention raised by the learned counsel for the petitioner is that since Hajt Umar Bakhsh purchased the premises in questions from one Mst. Mumtaz Begum, its earlier owner under whom the petitioner was a tenant, he (Haji Umar Bakhsh) was required to give a notice to the petitioner under…
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