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Citation: 1972 SCMR 340
Court: Supreme Court of Pakistan
Year: 1971
Decision Date: 1971-12-31
Parties: GHULAM MUHAMMAD KHAN vs MUHAMMAD ASADULLAH SIDDIQUI
Case cited as 1972 SCMR 340
Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Muhammad Yaqub Ali Khan Title: GHULAM MUHAMMAD KHAN vs MUHAMMAD ASADULLAH SIDDIQUI Case No.:Civil Petition for Special Leave to Appeal No. 150 of 1972 S. A. O. No. 86 of JUDGMENT Reported As: 1972 SCMR 340 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-The petitioner is a tenant, and the respondent applied for the eviction of the former on the ground of default in payment of rent. The respondent is a transferee and although he served a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, on the petitioner the latter failed to pay or tender rent within three months of the service of notice. The petitioner raised preliminary issues challenging the identity of the property transferred to the respondent and the service of the notice upon the petitioner. Both the issues were found against the petitioner. Thereafter considering the case on merits the Controller passed the impugned order dated 5-10-1971, under section 13(6) of the Rent Restric--petition Ordinance directing the petitioner "to deposit Rs.2,200 as arrears of rent till 3-10-1969 and Rs. 2,400 from 3-10-190 to 3-10-1971". The amount was ordered to be deposited on or before 5-11-1971. There was also an order to deposit future rent from 3-10-1971 onwards at the rate of Rs.100 p.m. Before the 15th of each succeeding month. On appeal by the petitioner the learned Additional District Judge upheld the…
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