| Citation(s) |
|---|
| 1983 SLG 272 1983 SLD 272 1983 SCMR 1118 |
Supreme Court of Pakistan
Civil Petition No. 691 of 1983, decision dated: 10-08-1983.(From the order dated 21st February, 1983 of the Lahore High Court Passed in Writ Petition No. 748 of 1983)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
Muhammad Rafiq Khan Chohan, Advocate Supreme Court instructed by Sh. Mansoor Akhtar, Advocate on-Record for Petitioner. Nemo for
Respondents
Civil Petition No. 691 of 1983, decision dated: 10-08-1983.(From the order dated 21st February, 1983 of the Lahore High Court Passed in Writ Petition No. 748 of 1983)
MUHAMMAD AFZAL ZULLAH AND M. S. H. QURAISHI, JJ
Muhammad Rafiq Khan Chohan, Advocate Supreme Court instructed by Sh. Mansoor Akhtar, Advocate on-Record for Petitioner. Nemo for
Respondents
SHAMSUDDIN
VS
Mst. NAZIRAN AND 2 OTHERS
Law:
Section:
Constitution of Pakistan (1973)---Arts. 185(3) & 199 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), Ss. 13 & 13 A and Displaced Persons (Com¬pensation and Rehabilitation) Act (XXVIII of 1958), S. 30 Ejectment on ground of default in payment of rent Relationship of landlord and tenant between petitioner and original transferee of property established and petitioner becoming liable to pay rent to transferee on receipt of notice under S. 30 of Act Notwithstanding failure of purchaser from such transferee to serve notice under S. 13 A of Ordinance, matter having been finally decided by appellate Court, no valid reason existing for petitioner for withholding tender or deposit of rent Held, in view of conduct of petitioner, no exception can be taken to High Court declining to extend discretionary relief to him Offer to deposit all arrears of rent not made before High Court Held, making of such offer before Supreme Court would not affect correctness of impugned order of High Court. ORDER M. S. H. QURAISHI, J. The petitioner is aggrieved by the refusal by the High Court to interfere in its Constitutional jurisdiction, with the order of ejectment dated 10 10 1982 passed against him by the Rent Controller, Lahore, and upheld in appeal by the Additional District Judge, Lahore, on '2 2 1983. 2. The property in question had been transferred in favour of Haji Muhammad Yaqoob, from whom it had been purchased by Mst. Naziran, respondent No. 1, by a registered deed dated 19 4 1972. The petitioner had challenged the maintainability of the ejectment application instituted by her on 22 12 1973, on the ground of (1) absence of relationship of landlord and tenant between the parties (2) want of notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, and (3) want of notice under section 13 A of the Rent Restriction Ordinance. The proceedings prolonged because of a number of remand orders and ultimately the Rent Controller on 10 10 1982 held that no notice under section 13 A of the Rent Restriction Ordinance had been sent or served but that a notice under section 30 of the Displaced Persons (Compensation…
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