Sh. ALLAH DIVA SALEEM vs ABDUL QADEER — 1971 PLD 311

Citation: 1971 PLD 311

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-29

Parties: Sh. ALLAH DIVA SALEEM vs ABDUL QADEER

Headnotes

Case cited as PLD 1971 Lahore 311

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: Sh. ALLAH DIVA SALEEM vs ABDUL QADEER Case No.: Second Appeal from Order No, 302 of 1964 Date of Judgment:1970-09-29 Reported As: PLD 1971 Lahore 311 Result: Appeal dismissed JUDGMENT JUDGMENT This is a respondent's second appeal against an order of his ejectment from a house situated in Mohallah Atari Butcher Khana, Sialkot City, passed under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959 by Mr. Masud Ahmad Ansari, Rent Controller, Sialkot, and affirmed in appeal by Mr. Saad Saood Jan, District Judge, Sialkot. 2. Sheikh Allah Dia Saleem, the predecessor-in-interest of the appellants who are his legal representatives having been brought on the record on account of the death of the former, was the owner of the house in dispute. He mortgaged the house in favour of the respondent and handed over possession to him in consequence thereof. He, however, executed a Rent Note in his favour on the same day, i,e, the 26th of July 1954, and reentered into possession of the house as a tenant of the respondent. He continued to pay rent at the rate of Rs, 10 per month to the respondent up to the 16th of November 1958. He thereafter failed to pay the rent wherefore the present respondent brought an application for ejectment against him on the 11th of October 1961 under section 13 of the West Pakistan Urban Rent Restriction Ordinance, 1959. The application was based on several grounds but only the…

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