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1980 CLC 1329 KARACHI-HIGH-COURT-SINDH

Sindh · 1980

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ZAFFAR MAHMOOD VS MUHAMMAD SALEH Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , -- S. 30 read with West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13-Rights conferred by statute upon a transferee cannot be taken away as long as transfer subsists in his favour-Order of transfer in favour of transferee-Landlord not stayed by higher Settlement Authority-Such transferee, held, entitled to demand rent and tenant liable to eviction for non-payment of rent after notice under S. 30 of Act-Pendency of such proceeds, however, may in appropriate cases be a relevant consideration for exercise of discretion to favour of tenant.-[Abdul Sayeed v. Abdul Saleem Farooqui P L D 1971 Kar. 217 held not applicable].