AGHA MOHAMMAD vs Haji MAULA DAD — 1967 PLD 256

Citation: 1967 PLD 256

Court: Balochistan High Court

Year: 1970

Decision Date: 1970-08-04

Parties: AGHA MOHAMMAD vs Haji MAULA DAD

Headnotes

Case cited as PLD 1967 Pesh. 256

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title: AGHA MOHAMMAD vs Haji MAULA DAD Case No.: Second Appeal No, 40 of 1969 Date of Judgment:1970-08-04 Reported As: PLD 1971 Quetta 10 Result: Appeal dismissed JUDGMENT JUDGMENT This is an appeal under the West Pakistan Urban Rent Restriction Ordinance, 1959 (hereafter called the said Ordinance) and the dispute in it relates to a property bearing Municipal No, 7-15/42, Mission Road, Quetta. This property was evacuee property and for many years one Meherban had been its tenant and had paid rent to the Custodian. I shall refer to this property as the said property, and on 20th December 1965 it was transferred by the Settlement Authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 Dorab Pate!, (hereafter called the said Act) to Mr. Wall Muhammad and Mr. Muhammad Syeed, who on 17th March 1966 sold it to the respondent in this appeal. Thereafter, notice under section 30 was served on the said Meherban, but apparently because he was trying to obtain the said property for himself Meherban did not pay any rent after its transfer by the Settlement Authorities, therefore on 21st October 1966 the respondent filed an application for his eviction in the Court of the Rent Controller, Quetta under section 13 of the said Ordinance on the ground of non-payment of rent and unauthorised sub- letting. The application was allowed on the ground of non-payment of rent and, after the evicting order against…

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