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AHMED SAEED versus HASHMI BEGUM


Section 13 reads with the Displaced Persons (Compensation and Rehabilitation) Act (XXVIIJ of 1958), Section 30 Tenant Partnership jurisdiction before the contribution of the appellant (tenant) in the interest of the respondents (landlords). Paid the rent for the premises of the suit and confessed that before the transfer of the property to the respondents, the rent-seeking persons sought the appellant's partnership company with the predecessor in the interest of the whole ordinance house, Section 30, Bay. No notice was taken under the Homeowners (Compensation and Rehabilitation) Act (XXVIII of 1958), which is required under the circumstances and the rent controller, Have to decide trfy application j have jurisdiction [jurisdiction partnership]

1981C L C 551

[Karachi]

Before B. G. N. Kazi, J

Haji AHMAD SAEED‑Appellants

versus

Mst. HASHMI BEGUM AND 7 OTHERS‑Respondents

Second Appeal No. 211 of 1978, decided on 19th May, 1980.

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑-----

‑‑ S. 15(4)‑Appeal against remand order‑Rent Controller holding non‑existence of relationship of landlord and tenant between parties District Judge on appeal reversing such finding and holding relation ship of landlord and tenant existing between parties and remanding case for further proceedings according to law‑Further appeal under S. 15(4) against such finding, held, maintainable.‑[Second appeal].

(b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑-----

--------S. 13 read with Displaced Persons (Compensation and Rehabilita tion) Act (XXVIIJ of 1958), S. 30‑Eviction of tenant‑Partnership Jurisdiction‑Appellant (tenant) admitting to have been paying rent for suit premises to predecessor‑in‑interest of respondents (landlords) before partnership and before transfer of property to respondents‑Rent controller finding partnership firm of appellant with predecessor‑in- interest of respondents landlords dissolved‑No notice under S. 30, Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), held, necessary in circumstances and Rent Controller, possessed jurisdiction to decide eviction application.‑[Jurisdiction‑Partnership].

(c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑---

‑‑ S. 13‑Review‑Rent Controller after considering evidence passing order disposing all issues between parties‑Appellant (tenant) making application for framing of additional issue‑Rent Controller taking contrary view on same evidence and reviewing his order‑Rent Controller, held, not competent to review his own order.‑[Review].

N. Q. Industries v. Mrs. Bapai Kaikhusro P L D 1968 Kar. 589 distinguished.

Agha Muhammad Hussain v. Merajuddin P L D 1973 Lah. 95 ref.

Sadfq Ali Khoja for Appellant.

Fazle Ghani Khan for Respondents.

Dates of hearing : 10th and 16th March, 1980.

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