1993 MLD 258 LAHORE-HIGH-COURT-LAHORE

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ANNAT BIBI VS DISTRICT JUDGE,,VEHARI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S.13---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30---Relationship of landlord and tenant---Proof---Statutory notice whether essential after repeal of Evacuee Laws---Evacuee plot in question, was auction-purchased by respondent---Petitioner being in occupation of such plot was served with notice by respondent calling upon her to pay rent to him and also requirement of plot for bona fide personal need---Respondent thereafter, filed application for ejectment which was decided in his favour as also appeal filed by petitioner---Petitioner claimed occupation of open plot since 1947 and asserted her construction thereon, for residential purposes---Construction on the plot would be deemed to be an accretion to it and found a house within contemplation of S.30, Displaced Persons (Compensation and Rehabilitation) Act, 1958, which created statutory tenancy in favour of occupant holding under transferee of the plot---Relationship of landlord and tenant between respondent and petitioner was, thus, clearly established---Enough evidence was brought on record to show that respondent gave notice of transfer of plot in his favour by calling upon petitioner to pay him rent and also to vacate the possession, on account of his personal requirement of plot---With the repeal of Evacuee Laws, requirement of statutory notice under S.30, Displaced Persons (Compensation and Rehabilitation) Act, 1958, was, however, dispensed with---Judgments of Rent Controller and Appellate Court were thus, neither without ` jurisdiction nor without lawful authority--Petitioner having no defence to make against her eviction from the premises transferred to respondent could not claim relief against her eviction.