1981 PLP 1495 (CLC)
MRS. PARVEEN HILALUDDIN ‑Petitioner Versus OMAR JAN AND ANOTHER‑‑‑Respondents
| Citation | 1981 PLP 1495 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Naimuddin, J |
| Parties | MRS. PARVEEN HILALUDDIN ‑Petitioner Versus OMAR JAN AND ANOTHER‑‑‑Respondents |
| Primary Law | (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑, (b) Evidence Act (I of 1872)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1495 (CLC)?
This judgment primarily cites: (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959) ‑, (b) Evidence Act (I of 1872)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1495 (CLC)?
The case was heard and decided by the Karachi bench comprising: Naimuddin, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1495 (CLC) (MRS. PARVEEN HILALUDDIN ‑Petitioner Versus OMAR JAN AND ANOTHER‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mohammad Ali Sayeed with Syed Iqbal Ahmed for Appellant.
- Khaliq Humayun for Respondents.
- Dates of hearing : 3rd and 4th May, 1981.
Headnotes / Summary
‑‑ S. 13‑A‑Notice to tenant by transferee of premises‑Effect on ejectment proceedings filed by former owner‑Provisions of S. 13‑A, held, cannot be applied to already pending cases filed on basis of default in payment of rent committed before transfer of property-Section 13-A, held further, relates to only ground of default in payment of rent and not to grounds of subletting or personal bona fide need. Muhammad Ali and another v. Muhammad Jamil Ahmed P L D 1976 Kar. 820 and Sabu Lai v. Kika Ram alias Heman Des 1973 S C M R 185 ref. ‑‑ S. 114 read with West Pakistan General Clauses Act (VI of 1956). S. 26‑Presumption of fact‑Service by post‑Transferee producing postal receipt of sending notice to tenant but not producing acknow ledgement receipt‑Held: Service in absence of soy reason shown to contrary presumed to have been effected, postal acknowledgement receipt seldom reaches sender and such a matter of common experience. Khuda Bux v. Muhammad Yaqoob etc. 1981 S C M R 197 ref.
Judgment & Decree
‑‑ S. 13‑A‑Notice to tenant by transferee of premises‑Effect on ejectment proceedings filed by former owner‑Provisions of S. 13‑A, held, cannot be applied to already pending cases filed on basis of default in payment of rent committed before transfer of property-Section 13-A, held further, relates to only ground of default in payment of rent and not to grounds of subletting or personal bona fide need. Muhammad Ali and another v. Muhammad Jamil Ahmed P L D 1976 Kar. 820 and Sabu Lai v. Kika Ram alias Heman Des 1973 S C M R 185 ref. (b) Evidence Act (I of 1872)‑
‑‑ S. 114 read with West Pakistan General Clauses Act (VI of 1956). S. 26‑Presumption of fact‑Service by post‑Transferee producing postal receipt of sending notice to tenant but not producing acknow ledgement receipt‑Held: Service in absence of soy reason shown to contrary presumed to have been effected, postal acknowledgement receipt seldom reaches sender and such a matter of common experience. Khuda Bux v. Muhammad Yaqoob etc. 1981 S C M R 197 ref. Mohammad Ali Sayeed with Syed Iqbal Ahmed for Appellant. Khaliq Humayun for Respondents. Dates of hearing : 3rd and 4th May, 1981.