Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13,13(6)

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 30

(West Pakistan Urban Rent Restriction Ordinance (VI of 1959)].......S 13 read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30-Transferee landlord under S. 30 of Act XXVIII could demand rent at rate of latest Municipal assessment-No obligation on him to ascertain what assessment of Excise and Taxation happens to be. In an application for ejectment under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959, the argument that the transferee landlord could not demand rent under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, at the latest municipal assessment and that he had to mention the assessment of the Excise and Taxation Department is clearly misconceived. In terms of proviso (a) to subsection (1) of section 30 of the Act the landlord is entitled to demand rent at the latest assessment of the municipality or the local body concerned. It is not for the landlord to ascertain what the assessment of the Excise and Taxation Department is. The Punjab Association Club v. The Corporation of Lahore etc. P L D 1963 Lah. 380 considered. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----- ---S. 13(6)-Rent Controller competent to order deposit of rent due for a period of 3 years prior to institution of suit--Limitation period for recovery of dues computed from date of presentation of application and not from date when order for deposit made by Rent Controller. Ashfaq-ur-Rahman v. Ch. Muhammad Afzal P L D 1968 S C 230 distinguished ORDER This second appeal by the tenants has arisen out of an order made by the learned Rent Controller on the 4th of April 1970, directing them to deposit rent for a period of three years from the date of the institution of the landlord's application, and tentatively fixing the rate of rent at Rs. 30 per mensem. As the application for ejectment of the appellants was dated the 13th of February 1967, the learned Rent Controller directed that the rent should be deposited from the 13th of February 1964. This order has been upheld by the learned District Judge, Multan, in first appeal. 2. It is contended by the learned counsel that the order…

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