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KARACHI TOOLS & HARDWARE MART versus NATIONAL MOTORS LTD., KARACHI


Section 13 reads with the Transfer Property Act (IV of 1882), Section 8 property transfer industrial concern applying for removal of appellant (tenant) on a default basis for payment of rent and personal necessity default. It was proved that the government later took on such industrial management concern but its name remained intact. Later the name of the concern also changed the name of the industrial concern only by the process of law, and the tenants affected by the transfer of property. Modified application to be excluded has been renamed, not required and is signed by the Managing Director The nominees did not rule out the withdrawal proceedings in the absence of T

1981 C L C 913

[Karachi]

Before Muhammad Zahoorul Haq, J

KARACHI TOOLS & HARDWARE MART‑Appellant

versus

NATIONAL MOTORS LTD., KARACHI‑Respondent

Second Appeal No. 225 of 1979, decided on 22nd December, 1980.

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

‑‑ S. 13‑A read with Transfer of Property Act (IV of 1882), S. 8 Transfer of ownership‑Industrial concern applying for ejectment of appellant (tenant) on grounds of default in payment of rent and personal need‑Default proved‑Government subsequently taking over management of such industrial concern but its name continuing to remain intact‑Later name of concern also changed‑Held, changed name (National Motors Ltd.) merely new name of Industrial concern by operation of law and no transfer of property effected‑Amended application for eviction of tenant by concern in its changed name further held, not necessary and absence of signature of Managing Director of concern newly named did not invalidate ejectment proceedings.

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

‑‑‑ S. 13‑A‑Transfer of ownership‑Notice of‑No change or transfer of property in favour of any person‑Provisions of S. 13‑A or Transfer of Property Act (IV of 1882), S. 8, held, not attracted in such case and no notice of transfer of ownership necessary.

(c) Transfer of Property Act (IV of 1882)‑---

‑‑ S. 8‑--Operation of transfer: Transferor having right of proceeding against tenant‑Held, transferee could pursue same unless contrary provision made in transfer document.

M. M. Mahmudi for Appellant.

Syed Iqbal Ahmed for Respondent.

Date of hearing ; 2nd December, 1980

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