Law: Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949)

Section: 20

Law: Pakistan Rehabilitation Ordinance (XIX of 1948)

Section: 13-8

(a) Evacuee lessee---Under local landlord-Rights of to occupy building for period of un-expired portion of lease-Allotment of-Allottees, held, not tenants and not entitled to benefit of Rent Restriction laws-Sind Rent Restriction Act (X of 1947), S. 9-Pakistan (Administration of Evacuee) Property Ordinance (XV of 1949), S. 20-Pakistan Rehabi­litation Ordinance (XIX of 1948), S. 8 (2) (b). The co-lessee of a building owned by a local landlord became an evacuee, and his rights to occupy the building with the other lessee therefore vested in the Custodian who acquired in the building precisely the same rights as the evacuee lessee had against the owner. These being evacuee property, were allotted to M etc. up to the 30th September 1950, when the lease was to come to an end in accordance with the agreement between the owner and the lessees. Upon an application by the owner to the Deputy Custodian that restoration of possession of the building on the expiry of the lease on 30th September 1950, be made a condition of the allotment, the Deputy Custodian ordered that he had no jurisdiction to do so holding that the allottee's interest under the allotment order would subsist till 30th September 1950, and that thereafter it would be for the Rent Controller to decide whether the allottees had a right to continue the possession. Held, that the position of M etc., was that of allottees pure and simple. They were neither transferees of immovable property so as to become substituted for the Custodian as the tenants of the owner nor tenants or sub-tenants of the Custodian because no lease was given to them by the Custodian himself, the allotment in their favour having been made by a different authority. The allottees were not tenants of the property in dispute. The position of a person to whom property has been allotted, unless the allotment amounts to a lease by the Custodian, is not that of a tenant at all, and the incidents of his possession are determined exclusively by a special law, namely, the Rehabilitation Ordinance and the Administration of Evacuee Property Ordinance. The Sind Rent Restriction Act was not at all applicable to the occupation of evacuee property which…

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