1981 PLP 913 (CLC)
KARACHI TOOLS & HARDWARE MART‑Appellant Versus NATIONAL MOTORS LTD., KARACHI‑Respondent
| Citation | 1981 PLP 913 (CLC) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Zahoorul Haq, J |
| Parties | KARACHI TOOLS & HARDWARE MART‑Appellant Versus NATIONAL MOTORS LTD., KARACHI‑Respondent |
| Primary Law | (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑, (c) Transfer of Property Act (IV of 1882)‑, (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 913 (CLC)?
This judgment primarily cites: (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑, (c) Transfer of Property Act (IV of 1882)‑, (a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 913 (CLC)?
The case was heard and decided by the Karachi bench comprising: Muhammad Zahoorul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 913 (CLC) (KARACHI TOOLS & HARDWARE MART‑Appellant Versus NATIONAL MOTORS LTD., KARACHI‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. M. Mahmudi for Appellant.
- Syed Iqbal Ahmed for Respondent.
- Date of hearing ; 2nd December, 1980
Headnotes / Summary
‑‑ S. 13‑A read with Transfer of Property Act (IV of 1882), S. 8 Transfer of ownership‑Industrial concern applying for ejectment of appellant (tenant) on grounds of default in payment of rent and personal need‑Default proved‑Government subsequently taking over management of such industrial concern but its name continuing to remain intact‑Later name of concern also changed‑Held, changed name (National Motors Ltd.) merely new name of Industrial concern by operation of law and no transfer of property effected‑Amended application for eviction of tenant by concern in its changed name further held, not necessary and absence of signature of Managing Director of concern newly named did not invalidate ejectment proceedings. ‑‑‑ S. 13‑A‑Transfer of ownership‑Notice of‑No change or transfer of property in favour of any person‑Provisions of S. 13‑A or Transfer of Property Act (IV of 1882), S. 8, held, not attracted in such case and no notice of transfer of ownership necessary. ‑‑ S. 8‑--Operation of transfer: Transferor having right of proceeding against tenant‑Held, transferee could pursue same unless contrary provision made in transfer document.
Judgment & Decree
‑‑ S. 13‑A read with Transfer of Property Act (IV of 1882), S. 8 Transfer of ownership‑Industrial concern applying for ejectment of appellant (tenant) on grounds of default in payment of rent and personal need‑Default proved‑Government subsequently taking over management of such industrial concern but its name continuing to remain intact‑Later name of concern also changed‑Held, changed name (National Motors Ltd.) merely new name of Industrial concern by operation of law and no transfer of property effected‑Amended application for eviction of tenant by concern in its changed name further held, not necessary and absence of signature of Managing Director of concern newly named did not invalidate ejectment proceedings. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑
‑‑‑ S. 13‑A‑Transfer of ownership‑Notice of‑No change or transfer of property in favour of any person‑Provisions of S. 13‑A or Transfer of Property Act (IV of 1882), S. 8, held, not attracted in such case and no notice of transfer of ownership necessary. (c) Transfer of Property Act (IV of 1882)‑
‑‑ S. 8‑--Operation of transfer: Transferor having right of proceeding against tenant‑Held, transferee could pursue same unless contrary provision made in transfer document. M. M. Mahmudi for Appellant. Syed Iqbal Ahmed for Respondent. Date of hearing ; 2nd December, 1980