MESSRS M. WAHAB-UD-DIN & SONS vs THE CONTROLLER OF RENTS AND 11 — 1971 PLD 236

Citation: 1971 PLD 236

Court: Peshawar High Court

Year: 1970

Decision Date: 1970-12-31

Parties: MESSRS M. WAHAB-UD-DIN & SONS vs THE CONTROLLER OF RENTS AND 11 JUDGMENT

Headnotes

Case cited as PLD 1971 Peshawar 236

Judgment Text

Court Name: Peshawar High Court Judge(s): Ghulam Safdar Shah, Abdul Hakim Khan Title:MESSRS M. WAHAB-UD-DIN & SONS vs THE CONTROLLER OF RENTS AND 11 JUDGMENT Reported As: PLD 1971 Peshawar 236 Result: Petition dismissed Judgment JUDGMENT GHULAM SAFDAR SHAH, J.--This writ petition is directed against the judgment of the District Judge, Peshawar, dated 14-5-68, by which the appeal of respondent No, 3 against the order of the Controller was allowed and it was directed that the petitioner should vacate and hand over the disputed shop premises to the said respondent within three months. 2. The brief facts of the case are that the disputed shop No, C. A-168/400-403, situated at Jinnah Street, Peshawar Cantonment, was initially allotted to the petitioner as evacuee property on 14-10- 1947. The petitioner continued to remain in possession of the said shop until 1962, when it was purchased by late Mst. Hanifa, the predecessor-in-interest of the respondents, in open public auction. After the auction sale in question was confirmed in favour of Mst. Hanifa she was issued the usual Provisional Transfer Order, whereafter she served notice upon the petitioner under section 30 of Act XXVIII of 1958 (hereinafter called the Act), asking him to pay her the future rent of the shop premises, and further that after the expiry of the statutory period, for which he was entitled to remain in possession of the shop as her tenant, he should hand over its possession to her, as she required the same…

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