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Writ Petition No. 9191 of 1980, decided on 30th September, 1980.
‑‑ S. 13‑A read with Displaced Persons (Compensation and Rehabilita tion) Act (XXVIII of 1958), S. 30‑‑Notice, service of‑Difference as to service of notice between Ss. 13‑A & 30‑Section 13‑A of Act VI of 1959 presupposes knowledge on part of tenant as to previous landlord and his liability to pay rent to such landlord and notifications of change to tenant when as new owner steps in, whereas under section 30 of Act of 1958, a tenant does riot know owner until upon issuance of P. T. D. notice served on him.
Nazar Hussain v. Adam Shah P L D 1977 Lah. 210 ; E. A. Evans v. Muhammad Ashraf P L D 1964 S C 536 ; Sardar Begum v. Lahore Improvement Trust P L D 1972 Lah. ;458 ; Nazir Ahmad v. K. E. A I R 1936 P C 253 ; Stylo Shoes Ltd. v. Prices Tailors Ltd. 1906 Ch. D 396 and Prem Parkash v. Mohan Lal A 1. R 1943 Lah. 268 ref.
S. 13‑A‑Ejectment‑Default in payment of rent‑Landlord mov ing for ejectment for default in payment of rent for a particular period and rent for such period tendered but refused, tenant, held, can have a case and discretion can be exercised in his favour‑Refusal by land lord however can hardly be held to discharge a tenant of his obliga tion to pay rent for subsequent Period and tenant under obligation to pay rent as and when due.
Rehmat Ali v. Khadeja Hakim P L D 1967 Lah. 29 and Yousaf Shah v. Ghulam Jan Khan 1975 S C hi R 464 ref.
Muhammad Zaman 2weshl for Petitioner.
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