1991 PLP 415 (SCMR)

SHAFIUR RAHMAN, J.‑‑‑The petitioner, a tenant in the area of Cantonment in Rawalpindi, seeks leave to appeal against the judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 12‑9‑1989, whereby a first appeal filed by him against the order of eviction passed by the Cantonment Rent Controller was dismissed.

2. The respondent, after having obtained the shop in dispute as a gift from his father, sought the eviction of the Petitioner on the ground of his bona fide personal need. The Rent Controller framed the issues, held the bona fide personal need of the respondent made out and ordered the eviction of the petitioner on 21‑7‑1986. The first appeal of the Petitioner failed in the High Court. Hence this petition for leave to appeal.

3. Ch. Akhtar Ali, Advocate‑on‑Record, the learned counsel for the petitioner contended that in fact the petitioner had been all along contesting the transfer of this property to the respondent's predecessor‑in‑interest under the Displaced Persons (Compensation and Rehabilitation) Act. That contest has not yet concluded. A separate Petition for leave to appeal has been filed which would soon be coming up for hearing. Additionally, it is contended that the father of the respondent, though a Government servant, had, when he had not gifted the property, instituted a petition for eviction of the petitioner from the shop on the ground of personal need but it was withdrawn. In view of such a conduct of the father of the respondent, who happened to be his predecessor‑in‑interest, the respondent should not be allowed to get the petitioner evicted.

4. As regards the first ground, it was urged before the High Court also, as then a Constitution Petition about the transfer of the property was pending there. It did not prevail. The entitlement of a transferee under the Displaced Persons (Compensation and Rehabilitation) Act arises with the issuance of the P.T.O. and as long as the P.T.O. stands, the statutory relationship exists and the liability of the tenant to submit to the provisional transferee as tenant, as well, comes into existence. The . matter of transfer can proceed independently of these proceedings. The one need not be made dependent on the other. In this view of the matter, the mere pendency of a petition for leave to appeal is no good ground for not dealing with the present Petition on merits.

5. As regards the fact of withdrawal of the earlier petition by the respondent's father, it is of no consequence because he had sought the ejectment of the petitioner on the ground of his personal need. After the respondent has obtained this property by way of gift, under a registered deed, it is the need of the respondent and not that of his father which is at the moment under examination. The withdrawal of the earlier petition by the father of the respondent would not inhibit in any manner the right of the respondent.

6. We have examined the statement made by the respondent with regard to his personal need and the questions put to him in cross‑examination. We find that in recording the finding that the respondent had personal bona fide need of the premises and could for that reason seek eviction of the petitioner suffers from no infirmity such as may justify the further examination of it by this Court.

7. In the circumstances, no case is made out for leave to appeal which is hereby refused. The learned counsel for the petitioner sought sufficient time for vacating the premises with a view to enable the petitioner to settle somewhere else. Mr. Samad Mahmood, Advocate, the learned counsel for the respondent finally acceded to allow the petitioner three months time from today for vacating the premises, provided the petitioner undertakes and the learned counsel representing him affirms, that the petitioner shall vacate the premises and hand over unencumbered possession of it to the respondent without his resorting to the proceedings in execution and also to continue paying the rent to the respondent regularly for this period. On these conditions, the Order of eviction is ordered to take effect in terms agreed upon, on the expiry of three months from today. A.A./D-69/S Leave refused.