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MUBAMMAD SIDDIQUE versus ZUBEDA BEGUM


OI, only two houses not covered by the 9 parties served with the notice under section 30, the other residents, are fully protected and their illegals displaced (compensation and rehabilitation) act. (XXVIII of 1958) are not disappointed with the order. 30

1981 C L C 1565

[Lahore]

Before Khurshid Ahmad, J

MUHAMMAD SIDDIQUE‑ Appellant

versus

Mst. ZUBEDA BEGUM‑Respondent

Second Appeal from Original Order No. 748 of 1979, heard on 31st March, 1980.

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ‑--

.‑‑ S. 30‑Occupant‑transferee relationship ‑‑ Person occupying property‑Held, becomes tenant of transferee immediately on transfer‑‑Service of notice ‑Not necessary to create such relation ship.

Abdul Khaliq Qureshi v, Saeed Hassan Shah 1979 C L C 118 rel.

(b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIH of 1958).‑

‑‑‑ S. 30‑Occupant‑Tender of rent by‑One heir of original deceased occupant tendering rent‑Another heir denying relationship of landlord and tenant and service of notice under S. 30‑Tender of rent made by one heir not claimed to be treated as tender on behalf of other heir‑Mere denying relationship of landlord and tenant neither paying nor tendering rent not accepting service of notice, held, liable to eviction without framing any issue or inquiry about default.

Nisar Ahmad v. Nazar Muhammad P L D 1974 Lab. 489 and Abdul Khaliq Qureshi v. Saeed Hassan Shah 1979 C L C 118 rel.

(c) Civil Procedure Code (V of 1908)‑---

‑‑ O. I, r. 9‑Non‑joinder of parties‑Only two occupants of pro perty served with notice under S. 30‑Other occupants held, fully protected and their non‑joinder not frustrative of order of eviction --Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 30.

Ch. M. Z. Khalil for Appellant.

Khalil‑ur-Rehman Khan for Respondent.

Dates of hearing : 30th and 31st March, 1980.

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