Ch. MUHAMMAD NAZIR vs ATA-UL-HAQ AND 2 OTHERS — 1971 PLD 180

Citation: 1971 PLD 180

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-02

Parties: Ch. MUHAMMAD NAZIR vs ATA-UL-HAQ AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 180

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, Sheikh Anwarul Haq Title: Ch. MUHAMMAD NAZIR vs ATA-UL-HAQ AND 2 OTHERS Case No.: Second Appeal from Order No, 185 of 1969 Date of Judgment:1970-04-02 Reported As: PLD 1971 Lahore 180 Result: Order accordingly JUDGMENT JUDGMENT NASIM HASAN SHAH, J.--This second appeal is directed against the judgment dated 4th June 1969, passed by the learned Additional District Judge, Lahore, whereby he affirmed the order of the learned Rent Controller, dated 22-1-69 directing the ejectment of the appellant under section 13 of the West Pakistan Urban Rent Restriction Ordinance, (hereinafter called the Ordinance) from flat No, 38 in property No, S. 37-R-161/S-37R. 155 Beadon Road, Lahore. 2. The facts which constitute the background are that the respondents claimed that they were the transferees of the property in dispute from the Settlement Department, that the appellant was occupying two rooms in flat No, 38 at the time of transfer and was served with a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter called the Act) intimating the fact of transfer and calling upon him to pay rent. The appellant, however, failed to pay or tender any rent despite the receipt of the said notice and had thus committed default. A petition under section 13 of the Ordinance for his ejectment was, therefore, filed. 3. The appellant besides raising certain factual pleas to the effect that he had not…

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