P L D 1991 Lahore 332 (PLP)
EJAZ HUSSAIN — Petitioner Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI
| Citation | P L D 1991 Lahore 332 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | EJAZ HUSSAIN — Petitioner Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI |
Q1: What are the key laws and sections cited in P L D 1991 Lahore 332 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Lahore 332 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Lahore 332 (PLP) (EJAZ HUSSAIN — Petitioner Versus ADDITIONAL DISTRICT JUDGE, RAWALPINDI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Altaf Elahi Sheikh for Petitioner. Nemo for Respondents Nos. 1 and 2. Manzoor Elahi Qureshi for Respondent No.3.
Headnotes / Summary
S. 13-A
Constitution of Pakistan (1973), Art.199
5. 13-A
Service of notice of change of ownership
Object of provision of S.13-A, West Pakistan Urban Rent Restriction Ordinance, 1959, was to apprise tenant of change of ownership and to enable him to pay rent to new landlord to protect his tenancy rights. [p. 336] B
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
S. 13-A
Constitution of Pakistan (1973), Art.199
Service of notice of change of ownership of premises
Effect of non-service of notice on relationship of landlord and tenant
Existence of relationship of landlord and tenant was not dependent upon service of notice under provision of S.13-A, West Pakistan Urban Rent Restriction Ordinance, 1959
Where tenant had positively got knowledge of transfer or change of ownership from the name of original landlord in favour of new one, he could not object to the competence of eviction petition even on ground of default
Earlier ejectment application wherein landlord had stated that he had purchased property in question from original landlord remained pending for more than a year and was dismissed on erroneous view of law
Subsequent ejectment application clearly stated that landlord had purchased property in question from original landlord through registered saledeed on specified date
Even if no notice, under provision of S.13-A, West Pakistan Urban Rent Restriction Ordinance, 1959, was served upon tenant, he had got knowledge of change of ownership through two successive ejectment applications instituted by landlord
Tenant, in spite of such knowledge did not pay or tender rent due from him until order for deposit of rent was passed against him
Tenant thus could not take shelter behind the earlier order which was erroneously passed by Rent Controller
Courts below had therefore, rightly ordered tenant's ejectment holding him to be a wilful defaulter. [pp. 335, 336] A & B Syed Azhar Imam Rizvi v. Mst. Salma Khatoon 1985 SCMR 24; Sabu Mal v. Kika Ram alias Heman Das 1973 SCMR 185; Qaisar Zamani v. Rashida Begum and 2 others 1989 CLC 596; Maj. (Retd.) Muhammad Yousuf v. Mehrajud-Din and others 1986 SCMR 751; Muslim Commercial Bank v. Karim Bakhtiar and another PLD 1988 Quetta 1 and Mst. Khurshid Begum v.Qamar-ud-Din and others 1990 CLC 1463 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
5. 13-A
Service of notice of change of ownership
Object of provision of S.13-A, West Pakistan Urban Rent Restriction Ordinance, 1959, was to apprise tenant of change of ownership and to enable him to pay rent to new landlord to protect his tenancy rights. [p. 336] B Altaf Elahi Sheikh for Petitioner. Nemo for Respondents Nos. 1 and
2. Manzoor Elahi Qureshi for Respondent No.3. Date of hearing: 27th April, 1991.