MUHAMMAD HANIF vs Ch. MUZAFFAR HUSSAIN AND 2 Other — 1970 SCMR 583

Citation: 1970 SCMR 583

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-10

Parties: MUHAMMAD HANIF vs Ch. MUZAFFAR HUSSAIN AND 2 Other

Headnotes

Case cited as 1970 SCMR 583

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Muhammad Yaqub Ali Khan Title: MUHAMMAD HANIF vs Ch. MUZAFFAR HUSSAIN AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 38 of 1970 L. P. A. No. 242 of 1964 Date of Judgment:1970-04-10 Reported As: 1970 SCMR 583 Result: Leave granted Judgment ORDER MUHAMMAD YAQUB ALI, J.-Muhammad Hanif, petitioner, a claimant displaced person, is transferee of a house in the occupation of Ch. Muzaffar Hussain, respondent, a local. The Deputy Settlement Commissioner issued the P. T. O. In the name of the petitioner on 8-1-1960 whereupon he gave notice to the respondent under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, on 29-6-1960, and asked him to pay rent. The respondent who too had filed an LH Form, but was held to be ineligible for transfer thereupon accepted the petitioner as his landlord and paid rent to him from time to time. He also gave notice to the petitioner on 21-1-1962 for carrying out certain repairs to the house. Subsequently there was default in payment of rent whereupon the petitioner filed application in the Court of the Rent Controller for eviction of the respondent. The application was on contest accepted and on 24-11-1962 the Controller gave directions to the respondent to deliver possession to the petitioner. In the meantime, the respondent had on 15-9-1961 applied to the Deputy Settlement Commissioner for transfer of the house. He also moved the…

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