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HABIBULLAH versus MUHAMMAD AMJAD


Section 13 (6) Homeless Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Section 30, Laws of the Homeless (repealed) Act (XIV of 1975) and General Clauses Act (X of 1897), Section 6kc Relations Read with Section 30 of the Act of 1958, fulfillment of the terms of the notice under Section 30, neither the norm nor the one-sided, but the protection of the landlord and tenant begins after the termination of the 1958 Act. Wind. Such a tenant is acquired, the landlord is not obliged to issue any notice, nor the tenant is entitled to any protection except under the Rent Restriction Ordinance.

1981CLC109

[Lahore]

Before M. S. H. Qureshi, J

HABIBULLAH‑Petitioner

versus

MUHAMMAD AMJAD AND 4 OTHERS‑Respondents

Writ Petition No. 6953 of 1979, decided on 23rd November, 1980.

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

--S. 13(6) read with Displaced Persons (Compensation and Rehabilita tion) Act (XXVIII of 1958), S. 30, Displaced Persons Laws (Repeal) Act (XIV of 1975) and General Clauses Act (X of 1897), S. 6kc) Relationship of landlord and tenant‑Protection of six years available under Act of 1958‑Neither absolute nor one‑sided but contingent upon tenant fulfilling certain conditions of receipt of notice under S. 30‑Relationship of landlord and tenant commencing after repeal of Act of 1958‑No right under that Act could accrue to such a tenant‑Held, , landlord not bound to issue any notice nor tenant entitled to any protection except under Rent Restriction Ordinance.

Rafiuddin v. Chief Settlement and Rehabilitation Commissioner P L D 1971 S C 252; Fakhro v. Settlement Commissioner (Land), Hyderabad P L D 1979 Kar. 486 and Nawab Din v. Member, Board of Revenue P L D 1979 S C 846 distinguished.

Amina Begum etc. v. Mehar Ghulam Dastgir P L D 1978 S C 220 and Ghulam Qadir v. Nazir Ahmad P L D 1980 B J 15 ref.

S. M. Chaudhry for Petitioner.

Rafique Ahmad Siddiqui for Respondents Nos. 1 to 3.

Nemo for Respondents Nos. 4 and 5.

Date of hearing : 15th November, 1980.

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