Case Details

Citation(s)
1951 SLG 86 1951 SLD 86 1951 PLD 27
Lahore High Court
Regular Second Appeal No: 224. of 1949, decided on 4th October, 1950 from the, order of the Senior Sub-Judge, Lyallpur, dated 29th August, 1949.
MUHAMMAD SHARIF, J
Muhammad Aslam Khan, for Appellant. B. Z. Kaikaus, for
Respondent. Z. Kitchlew, for the Punjab Province.

Malik MUHAMMAD IQBAL

VS

Mian AMINUDDIN and others

Law:

Section:

(a) West Punjab Rehabilitation Ordinance (IV of 1947), Ss. 4 and 11-Property left unoccupied by owner or tenant account of disturbances could be allotted to refugees. Any property left unoccupied whether by the owner or tenant or occupier in consequence of the "late disturbances" could be taken under control by the Rehabilitation Department for the purpose of restoring the economic life of the province and the settlement of the persons .who had, to seek refuge in the West Punjab from the adjoining territory, i.e., the East Punjab; The property may have been at the time of the, disturbances with, the owner or with the tenant or any other occupier. The only necessary condition to be fulfilled was' that whoever was in occupation of the property should have gone away on account of the disturbances. Such property fell within the definition of "abandoned" The landlords could get from the new refugee tenants the same rent as from their old non-Muslim tenants and could sue for ejectment in the same manner as they would have been in a position to sue the non-Muslim tenants. (b) Punjab Urban Rent Restriction Act (XXIII of 1949), S. 13 -Refugee allottees of Premises owned by Muslim landlords can be ejected under section 13. Refugee allottes put into possession by the Rehabi­litation Department were no better and no worse than the non-Muslim tenants who were accepted as tenants by the owners themselves on payment of certain fixed rent. There is nothing to prevent the landlords from making an application to the Rent Controller under the Punjab Rent Restriction Act, that they should ' be put into possession on any of the grounds detailed in section 13 of the Act. JUDGMENT.-----This second appeal has arisen out of a suit for declaration. The plaintiffs respondents brought the suit for a declaration on 23rd of August 1948 that shops Nos. 3389 and 3390 situated in Galli Gurdwara Kalan, Lyallpur were their property and their allotment to defendants Nos. 3 and 4 by the Rehabilita­tion Department was illegal and unauthorized and that they should be put back in possession of the same. The West Punjab Govern­ment and the Shop Allotment Committee were also impleaded as defendants…
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