Sh. HAFIZ ULLAH vs CAPT. MUHAMMAD MANSIB ALI CHAUDHRY AND 2 Other — 1971 SCMR 132

Citation: 1971 SCMR 132

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-11-25

Parties: Sh. HAFIZ ULLAH vs CAPT. MUHAMMAD MANSIB ALI CHAUDHRY AND 2 Other

Headnotes

Case cited as 1971 SCMR 132

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: Sh. HAFIZ ULLAH vs CAPT. MUHAMMAD MANSIB ALI CHAUDHRY AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 286 of 1970 Writ Petition No. 1577 of 1970 Date of Judgment:1970-11-25 Reported As: 1971 SCMR 132 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The petitioner is occupying shop No. 365 in Sadar Bazar, Sialkot, as a tenant. Respondent No. 3 who claims to be the transferee of the property from the Settlement Department as an auction-purchaser has filed an application for the ejectment of the petitioner under sec--tion 17 of the Cantonment Rent Restriction Act, 1963. The petitioner is resisting this application. On the pleadings of the parties, the following two preliminary issues were framed :- (1) Whether respondent No. 1 is entitled to a notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. (2) Whether respondent No. 1 was entitled to any notice under section 17 (4) (b) (3) of Cantonment Rent Restriction Act, 1963, and what is the effect of non-service. The learned Rent Controller, by his order dated the 6th March 1970, has decided both theissues against the petitioner. An appeal filed against this order was dismissed by the learned Additional District Judge, Sialkot, on the 9th September 1970. The petitioner challenged this order in Writ Petition No. 1577 of 1970, in the Lahore High Court. The main contention of…

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