Syed ALTAF HUSSAIN AND Another vs Mian FAZAL ILAHI AND 2 Other — 1974 PLD 502

Citation: 1974 PLD 502

Court: Lahore High Court

Year: 1971

Decision Date: 1971-02-11

Parties: Syed ALTAF HUSSAIN AND Another vs Mian FAZAL ILAHI AND 2 Other

Headnotes

Case cited as PLD 1974 Lahore 502

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: Syed ALTAF HUSSAIN AND Another vs Mian FAZAL ILAHI AND 2 Other Case No.: Second Appeal No. 392 of 1969 Date of Judgment:1971-02-11 Reported As: PLD 1974 Lahore 502 Result: A. JUDGMENT JUDGMENT On the 29th of April 1964, (1) Syed Mehdi Hasan and (2) Syed Altaf Hussain (hereinafter called the plaintiffs/landlords/decree-holders) filed an application, which was registered as Case No. 40/2 of 1964, under section 13 of the West Pakistan Urban Rent Restriction Ordinance (VI of 1959) against' M. A. Rashid (hereinafter called the defendant/tenant/ judgment-debtor) for eviction from bungalow bearing No. S. E. 14 R. 26, (except two rooms), situated on Empress Road, Lahore. (I have given the aforesaid nomenclature to the parties for the purposes of appreciating the provisions of the Code of Civil Procedure, the discussion of which hereinafter is involved; similarly to remain consistent the case filed by the landlords will some time be referred to as a "suit"). The case of the plaintiffs was that they were transferees of the said property from the Settlement Department and had served the requisite legal notice on the defendant to pay rent but he had failed to do so. The petition further pleaded that the bungalow in dispute had been initially constructed for residential purposes and the defendant at one stage got it transferred in his name by filing an N. C. H. Form and then after receiving some illegal profit…

Read the full judgment on Al Wakeelo — Pakistan's AI-powered legal research platform.