ABDUL HAMEED vs ABDUL RASHEED — 1983 CLC 2805

Citation: 1983 CLC 2805

Court: Lahore High Court

Year: 1969

Decision Date: 1969-06-16

Parties: ABDUL HAMEED vs ABDUL RASHEED

Headnotes

Case cited as 1983 CLC 2805

Judgment Text

Court Name: Lahore High Court Judge(s): M. Habibullah Title: ABDUL HAMEED vs ABDUL RASHEED Case No.: Second Appeal from Original Order No, 138 of 1971 Date of Judgment:1969-06-16 Reported As: 1983 CLC 2805 Result: Appeal dismissed JUDGMENT JUDGMENT ' This is an appeal filed by a tenant, from an order of Ch. Bashir Ahmad, District Judge, Lyallpur dated 10th April, 1971 whereby he reversed an order of Mian Abdul Qayyum, Rent Controller, Lyallpur, dated 17th June, 1969 dismissing the respondent's application for ejectment filed against the appellant. ' The respondent had filed this ejectment application in respect of a one-room house on the ground of default in the payment of rent from 1st June, 1963 to 28th February, 1969. The appellant resisted the application and raised a number of preliminary objections. He submitted that the property was evacuee, and that he had been in possession thereof from a period prior to the date of transfer to the respondent and, therefore, he was entitled to be given a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act. He also submitted that there was no relationship of landlord and tenant between the parties for the reason of non-service of the said notice. It was also submitted that one Abdur Rashid son of Sher Muhammad had been transferred the property with the respondent, and as such he was a necessary party to the application, in whose absence it could not be decided. On the basis of these objections,…

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