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Second Appeal No. 310 connected with 310 of 1976, decided on 4th May, 1981.
‑‑ S. 13‑A‑Notice to tenant by transferee of premises‑Effect on ejectment proceedings filed by former owner‑Provisions of S. 13‑A, held, cannot be applied to already pending cases filed on basis of default in payment of rent committed before transfer of property-Section 13-A, held further, relates to only ground of default in payment of rent and not to grounds of subletting or personal bona fide need.
Muhammad Ali and another v. Muhammad Jamil Ahmed P L D 1976 Kar. 820 and Sabu Lai v. Kika Ram alias Heman Des 1973 S C M R 185 ref.
‑‑ S. 114 read with West Pakistan General Clauses Act (VI of 1956). S. 26‑Presumption of fact‑Service by post‑Transferee producing postal receipt of sending notice to tenant but not producing acknow ledgement receipt‑Held: Service in absence of soy reason shown to contrary presumed to have been effected, postal acknowledgement receipt seldom reaches sender and such a matter of common experience.
Khuda Bux v. Muhammad Yaqoob etc. 1981 S C M R 197 ref.
Mohammad Ali Sayeed with Syed Iqbal Ahmed for Appellant.
Khaliq Humayun for Respondents.
Dates of hearing : 3rd and 4th May, 1981.
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