MOHAMMAD RAMZAN AND ANOTHER vs HABIBULLAH — 1971 PLD 495

Citation: 1971 PLD 495

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-18

Parties: MOHAMMAD RAMZAN AND ANOTHER vs HABIBULLAH

Headnotes

Case cited as PLD 1971 Lahore 495

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq Title: MOHAMMAD RAMZAN AND ANOTHER vs HABIBULLAH Case No.: Second Appeal from Order No, 356 of 1970 Date of Judgment:1970-09-18 Reported As: PLD 1971 Lahore 495 Result: Appeal dismissed Judgment ORDER This second appeal by the tenants has arisen out of an order made by the learned Rent Controller on the 4th of April 1970, directing them to deposit rent for a period of three years from the date of the institution of the landlord's application, and tentatively fixing the rate of rent at Rs, 30 per mensem. As the application for ejectment of the appellants was dated the 13th of February 1967, the learned Rent Controller directed that the rent should be deposited from the 13th of February 1964. This order has been upheld by the learned District Judge, Multan, in first appeal. 2. It is contended by the learned counsel that the order passed by the Rent Controller is illegal and invalid for the following reasons:-- (1) That no issue was framed regarding the jurisdiction of the Rent Controller which had been challenged on two grounds,-- (a)that the notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (hereinafter referred to as the Act) had not been served upon the appellants, and (b)that there had been no contravention of the terms of the notice, nor any default in the payment of rent, with the result that for the period of six years from the date of the transfer of the house the…

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