Nawab Syed MOHIUDDIN ALI KHAN vs Haji JALALUDDIN — 1970 SCMR 498

Citation: 1970 SCMR 498

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-01-09

Parties: Nawab Syed MOHIUDDIN ALI KHAN vs Haji JALALUDDIN

Headnotes

Case cited as 1970 SCMR 498

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Nawab Syed MOHIUDDIN ALI KHAN vs Haji JALALUDDIN Case No.: Civil Petition for Special Leave to Appeal No. K-47 of 1969 Date of Judgment:1969-01-09 Reported As: 1970 SCMR 498 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-This petition for leave to appeal is barred by 34 days. On the cause shown, we condoned the delay, but on merits found no adequate reason to interfere with the impugned order of the High Court. The petitioner is the transferee of a big mansion under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The respondent who was in possession of one of the tenements became a statutory tenant by virtue of subsection (1) of section 30(1) of the aforesaid Act under the petitioner, but disputes soon arose between them as to the amount of rent which the petitioner was in law entitled to charge from the tenant. The municipal assessment of the tenement was increased at the instance of the petitioner from Rs. 20 to Rs. 65. He, accordingly, demanded rent at the enhanced rate from the respondent from the date of the transfer in his favour. The respondent preferred an appeal from the enhancement of the assessment to the Chairman, but in the meantime the petitioner filed the present application for his ejectment inter alia on the ground of default in the payment of rent. The appeal preferred by the respondent to the Chairman was subsequently allowed…

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