Case Details

Citation(s)
1986 SLG 325 1986 SLD 325 1986 SCMR 113
Supreme Court of Pakistan
Civil Petition No. K-477 of 1983, heard on 12-01-1984. (On appeal from judgment and order of High Court of Sind at Karachi, dated 18th duly, 1983 passed in Second Appeal No. 298 of 1971).
ABDUL KADIR SHAIKH, M.S.H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ

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SOOHARO-

VS

RAMZAN-

Law:

Section:

Constitution of Pakistan (1973)----Art. 185(3)--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30--Eviction--Statutory notice--High Court after examining case in detail coming to conclusion that petitioner/ tenant acquired tenancy right from respondent /landlord through an agreement after target date namely 20-12-1958 and, therefore, notice under S. 30 of Act 1958 was unnecessary and that tenant was defaulter in payment of rent--Findings of fact and law arrived at by High Court, held, unassailable and no exception in law could be taken thereto--Petition for leave to appeal against order of High Court dismissed. G. M. Qureshi, Advocate Supreme Court assisted by R. A. Qureshi, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing:12th January, 1984. ORDER ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that respondent filed an application for petitioners eviction from the demised premises on the ground that he was a defaulter in payment of rent from October, 1967 till the filing of the ejectment application. After recording evidence of the parties, the Rent Controller held the petitioner as a defaulter in payment of rent and directed him, by the order, dated 31-7-1969. to hand over the vacant possession of the demised premises to respondent. Petitioner being aggrieved by the order of the Rent Controller, filed an appeal which was allowed by the Additional District Judge on the ground that the ejectment application was not competent as notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 was not served on the petitioner who was a statutory tenant. On a second appeal filed by respondent, the learned Judge in Sind High Court who dealt with the case held on re-appraisal-of the evidence recorded in the case that petitioner was not entitled to…
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