1979 SCMR 534 SUPREME-COURT
Supreme Court · 1979
Full text
ABDUR RAZAQ VS ABDUL HAMID Displaced Persons (Compensation and Rehabilitation) Act 1958--30 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13 read with Displaced Persons (Compensation and Rehabilitation Act (XXVIII of 1958), S. 30-Scope of section-Premature application for ejectment-Section merely prohibits ejectment of tenant before expiry of period of six years and not filing of proceedings for eviction of tenant before expiry of such period-Rights of parties-Could not be governed by Ordinance until expiry of statutory period from date of statutory notice-Eviction application, if allowed before expiry of statutory period, Rent Controller's order would have been illegal -Rent Controller's order, however, passed after expiry of such period, order merely decided a right acquired by landlord before date of order hence Rent Controller's order not illegal.
