Samiullah vs Haji Muhammad Yousuf — 1971 SCMR 725

Citation: 1971 SCMR 725

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 725

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, JUDGMENT Reported As: 1971 SCMR 725 Result: Appeal allowed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave of this Court is from an order of the erstwhile High Court of West Pakistan, dismissing a petition under Article 98 of the Constitution. Leave has been granted to consider the question whether a previous default, committed prior to the promulgation of the Cantonment Rent Restriction Act, 1963, which had been wiped ,4 out by payment prior to the landlord making an application under the said Act for eviction, entitled him to maintain the application. Appellant Samiullah occupied a shop as a tenant under respon--dent No. 3, Haji Muhammad Yousuf. On the 8th July 1962, the latter served a notice under section 106 of the Transfer of Property Act on the former terminating his tenancy with effect from 31st July 1962. The landlord followed it up by instituting on 14-9-1962 a suit in the civil Court at Rawalpindi for ejectment as well as for recovery of rent for the months of June and July 1962, and for compensation for use and occupation of the shop for the month of August 1962, at the same rate. While the suit was pending the Cantonment Rent Restriction Act, 1963, was promulgated. The Act placed certain restrictions on the ejectment of tenants in the Cantonment areas. In consequence of this new law, the suit was liable to fail and it was accordingly…

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