1986 PLP 1556 (CLC)

‑‑‑S. 15(4)‑‑Sind Rented Premises Ordinance (XVII of 1979), S.27(2)‑ Pending appeals‑‑Disposal of‑‑Pending appeals, held, were to be decided in accordance with and under provisions of repealed Ordinance VI of 1959‑‑Substantive right of filing second appeal were vested, having not been specifically taken away by Ordinance XVII of 1979‑‑Appeal, therefore, was maintainable in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ ‑‑‑S. 13‑A‑‑Notice of transfer of ownership‑‑Such notice was not necessary by old owner to tenant‑‑New owner, however, was required to serve such notice on tenant intimating about transfer of property‑ Tenant entitled to demand necessary information about title of new owner‑‑Such information having not been furnished, it was, held, duty of tenant to make enquiry within statutory period of thirty days‑‑Mere demand of document of title was not sufficient to delay payment of rent beyond period of thirty days. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑‑S. 13‑‑Entitlement of new landlord for recovery of rent‑‑Landlord was entitled from date of purchase to recover rent at rate on which tenant had been paying‑‑In case of higher demand by new landlord, tenant, held, could pay rent within specified time at rate he had been paying to previous landlord‑‑Such payment being made within specified time, tenant could not be deemed to be a defaulter. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑‑S. 13‑‑Payment of rent‑‑Tenant's plea that landlord had promised to receive rent at future date denied by landlord‑‑Such plea of paying rent on future date having been denied by landlord, held, was of no avail to defaulter tenant. (e) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑ ‑‑‑S. 15(4)‑‑Second appeal‑‑Finding of fact by First Appellate Court‑ Effect‑‑First Appellate Court having completely misread evidence by ignoring material facts, High Court held, was justified to set aside finding of First Appellate Court. 1968 S C M R 828; P L D 1976 Pesh. 126; P L D 1971 S C 189; 1980 S C M R 760 and P L D 1959 Lah. 826 ref. (f) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑ ‑‑‑S. 13‑‑Expression "own occupation"‑‑Construction of‑‑Expression "own occupation", held, was to be literally construed to include requirement of dependents and family members, of landlord‑‑Old parents of landlord were included in category of dependents‑‑Requirement of landlord had to be assessed in light of his status in life, moral, social and legal obligation‑‑Maintenance of parents was enshrined in Islamic way of life‑ Landlord requiring premises for keeping his old parents with him and maintaining them‑‑Such requirement of premises by landlord would be deemed to be for his own use and personal need.‑‑[ Interpiletation of statutes]. Mumtaz Humayyun v. Major Habibur Rehman P L D 1969 Lah. 886; Abdul Salam v. Dr. Najma Pervaiz 1976 S C M R 52 Suba v. Sirajuddin P L D 1977 Lah. 1263; Muhammad Abbas v. Mst. Khalida Khatoon 1979 C L C 660; Tahir Ali v. Mansoori Begum and 4 others 1980 C L C 1332; Adamali Hasanali v. Rabab Bai P L D 1966 Kar. 408 and Adamali Hasanali v. Rabab Bai P L D 1967 Kar. 437 ref.