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 from Original Order No. 47 of 1974, decided on 7tb February, 1980.
------S. 13 (2) (i) read with Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30‑Default‑Additional District Judge giving finding as to payment of rent having been made in respect of a certain period but not stating if rent for subsequent period till date of institution of application also paid or tendered within time, such omission of Additional District Judge, held, shows whole dispute having not been decided and his decision incomplete.
‑‑ Read with West Pakistan Urban Rent Restriction Ordinance, (VI of 1959), S. 13‑S. 30‑Notice‑Question of law and fact‑Question whether fresh notice demanding further rent from date of service of first notice a condition precedent and whether such notice served on respondent‑Held, a mixed question of law and fact and cannot be allowed to be raised for first time in second appeal.‑[Question of fact‑Second appeal].
Afaquz Zubair v. Muhammad Idris P L D 1978 Kar. 984 ref.
‑‑‑ S. 13 (6) read with Displaced Persons (Compensation and Reha bilitation) Act (XXVIII of 1958). S. 30‑Deposit of rent in Court -Payment in compliance of order passed under S. 13 (6) of Ordinance VI of 1959, held, cannot be deemed to be payment under notice of demand under S. 30 of Act XXVIII of 1958.
Malik Muhammad Afzal for Appellant.
Sher Zaman Khan for Respondent.
Date of hearing : 5th February, 1980.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer