1985 SCMR 344 SUPREME-COURT

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S. M. MOHSAN ZAIDI VS GAUHAR ALI Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , ---Ss.13 & 13-A--Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.30--Ejectment--Objection to execution order of eviction--Statutory tenant--Statutory tenancy in respect of evacuee property transferred under Settlement Laws is created under S.30 of Act, 1958--Entitlement to tenancy right under S.30 of Act, 1958 is based on the factum of possession of evacuee property and tenancy is created on "the same terms and conditions as to payment of rent or otherwise on which he held it immediately before transfer"--Nothing in objection petition or on record showing that he was in possession of property on date of transfer in favour of landlord--Concurrent findings of fact that he failed to prove his possessory right in spite of affording opportunity to him--Essential condition for establishing fact that objector was in possession on his own account was, therefore, wholly absent, eviction order was thus liable to be executed against him.