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1990 CLC 901 LAHORE-HIGH-COURT-LAHORE

Punjab · 1990

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BASHIRAN BIBI VS ADDITIONAL DISTRICT JUDGE West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S.13---Ejectment---Once an order of eviction of tenant is made under section 13(3)(9)(ii), it becomes, on death of the landlord, the beneficiary of the order, a part of his heritable estate and legal representative can defend order and claim benefit arising thereunder subject to all limitations and exceptions attached to such an order---Order of ejectment of tenant passed by Rent Controller and appeal against order filed by tenant accepted by Additional District Judge/Appellate Court on ground that since original landlord had died, the ejectment order was not heritable and therefore ejectment proceedings had abated---Order of Additional District Judge being against the law laid down by Supreme Court was set aside and appeal was deemed to be pending before him for decision in accordance with law.