Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Second Appeal No. 69 of 1976, decided on 11th December 1980.
‑‑ S. 13(2)(1) read with Displaced Persons (Compensation and Rehabi litation) Act (XXVIII of 1958). S. 30‑Appellant (transferee landlord) demanding rent at rate of Rs. 31.50 through notice under S. 30‑Two lower Courts finding rate of rent at Rs. 18.00 per month only‑Res pondent neither paying nor tendering rent even at lower rate‑Held, liability, to pay or tender rent regularly, lies with tenant irrespective of higher demand by landlord.
Saida Naim Hussain v. Abdul Ghani P 'L D 1976 Kar. 766 Rah‑e‑Manzil Transport v. Muhammad Amin P L D 1968 Kar. 182 rel.
Ashraf‑ud‑Din v. Sabir Hussain 1973 S ‑C M R 309 ; Ghulam Kibrya v. Afzal Ahmad Khan L D 1973 Note 160 at p. 241 and Abdul Khaliq Qureshi v. Saeed Hassan Shah 1979 C L C 118 ref.
‑‑ S. 13 (2) (i) read with Civil Procedure Code (V of 1908), S. 100 Default in payment of rent‑Concurrent findings‑Second appeal Respondent (tenant) sending money order for rent up to a certain period but neither paying nor tendering rent thereafter.‑Both lower Courts failing to consider default from such period‑Held, concurrent findings of absence of default by both lower Courts could be interfered with by High, Court.
Muhammad Alam v. Noor Muhammad 973 S C M R 606 ; Begum Bibi v. Abdul Ghani 1980 S C.M R 675 ; Khuda Bukhsh v. Amir 1980 S C M R 760 and Bashir Ahmad v. Mumtaz Begum 1979 C L C 114 ref.
‑‑ S.13 (3) (a) (i) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30‑Ejectment of tenant before expiry of protected period‑Appellant (landlord) filing eject ment application on ground of personal and bona fide use within protected period‑Both lower Courts dismissing ejectment appli cation before expiry of protected period‑Held, no reason to inter fere with finding.
1979 S C M R 534 ( ) rel.
1977 S C M R 147 ref.
Munawwar Abbas for Appellant.
S. Y. Khawaja for Respondent.
Date of hearing : 25th November, 1980.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer