Raja MUHAMMAD ALAM vs Mst. AKBARI BEGUM AND Another — 1970 SCMR 647

Citation: 1970 SCMR 647

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Raja MUHAMMAD ALAM vs Mst. AKBARI BEGUM AND Another

Headnotes

Case cited as 1970 SCMR 647

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan Title: Raja MUHAMMAD ALAM vs Mst. AKBARI BEGUM AND Another Case No.:Civil Petition for Special Leave to Appeal No. 33 of 1970 L. P. A. No. 2 t 4 of JUDGMENT Reported As: 1970 SCMR 647 Result: Leave refused Judgment JUDGMENT M. R. KHAN, J.-The sole question raised in this petition is whether a person who is statutory tenant under section 30 (1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, is liable to be ejected on the ground that he sublet the property after its transfer in favour of a claimant, although the notice of such transfer was not proved to have been served on the statutory tenant. A learned Single Judge of the High Court of West Pakistan, Lahore, in a Regular Second Appeal, answered this question in affirmative and held that the statutory tenant, in the instant case, is liable to be ejected as it was found on evidence that he had, in fact, sublet the shop in dispute. The petitioner who was the statutory tenant in this case took a Letters Patent Appeal against the decision of the learned Single Judge. The learned Judges of the Letters Patent Bench armed the view of the learned Single Judge and maintained the order of ejectment. The petitioner now seeks special leave to appeal. It is contended by the learned counsel for the petitioner that a statutory tenant is not liable to be ejected on the ground of subletting unless a notice of the transfer of the…

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