MESSRS FRIENDS CLOTH STORE AND ANOTHER vs Mst. Syeda AMTUL AZIZ — 1971 PLD 739

Citation: 1971 PLD 739

Court: Sindh High Court

Year: 1970

Decision Date: 1970-09-02

Parties: MESSRS FRIENDS CLOTH STORE AND ANOTHER vs Mst. Syeda AMTUL AZIZ

Headnotes

Case cited as PLD 1971 Karachi 739

Judgment Text

Court Name: Sindh High Court Judge(s): Ghulam Rasool K. Shaikh Title: MESSRS FRIENDS CLOTH STORE AND ANOTHER vs Mst. Syeda AMTUL AZIZ Case No.: Second Civil Appeal No, 256 of 1969 Date of Judgment:1970-09-02 Reported As: PLD 1971 Karachi 739 Result: Appeal accepted JUDGMENT JUDGMENT GHULAM RASUL K. SHAIKH, J.--This is 2nd Appeal against the judgment of the Additional District Judge, Karachi confirming the order passed by the Rent Controller in an appeal filed against his order. The respondent is transferee of the premises bearing No, G/1, on plot No, N. P. 3/117, Napier Quarters, Karachi from the Settlement Department and P. T. 0. dated 20th April 1961 was issued in her favour. According to the respondent the premises was in occupation of Mohd. Shafi and therefore treating him his statutory tenant a notice dated 20th September 1961 as contemplated by section 30 of the Displaced Persons (Compensation and Rehabilitation) Act was served upon him intimating the transfer of the premises and claiming rent at the rate of Rs, 65 per month. However, no rent was paid and, therefore, the respondent took distress warrant proceedings, objections were filed. One of the objections was that the firm known as "Friends Cloth Store" was the recorded tenant of the premises and, there-fore, the application for distress warrant should have been made against the firm. It was further pleaded that the rent of the premises according to the K. M. C. assessment was Rs, 32 per month and the rent was…

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