CHAN PIR SHAH vs Hafiz MUHAMMAD TAHIR
This matter arises from a petition for leave to appeal against the dismissal of a second appeal by the Lahore High Court, which upheld the eviction of the petitioner from a disputed shop. The core legal question concerned whether the petitioner was justified in withholding rent under the bona fide impression that the property belonged to an evacuee trust rather than the respondent transferor. The Supreme Court held that the property formed part of the compensation pool and was rightly transferred to the respondent, making the petitioner a lawful tenant who remained in default for failing to pay rent either to the respondent or the trust. The court concluded that the eviction order was rightly passed and dismissed the petition, laying down the principle that a tenant who withholds rent on a mistaken belief of ownership without paying it to the claimed alternate authority remains in willful default under rent laws.
- Whether a tenant can withhold rent from a transferred property owner on the plea of a bona fide impression that the property belongs to an evacuee trust?
- Does failure to pay rent to either the respondent transferee or the claimed trust constitute default warranting eviction?
- Whether a determination by the High Court that property is part of the compensation pool establishes the tenancy of the transferee?
- Section 30, Displaced Persons (Compensation and Rehabilitation) Act 1958
ORDER
1. WAHHEDUDDIN AHMAD, J.-The dispute between the parties is in respect of shop No. U/1254, Dingi Khoi, Raja Bazar, Rawalpindi. This shop, along with other property, was trans--feered to the respondent by the Settlement authorities. After the transfer, the respondent, on the 17th March 1966, served a notice on the petitioner under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The petitioner did not pay the rent. Thereupon, the respondent filed an applica--petition for eviction against the petitioner. The petitioner contested the ejectment application and stated that he had been labouring under the bona fide impression that the respondent was not the transferee of the disputed shop and that in fact, it belonged to an evacuee trust known as Gurdawara Damdama Sahib. This point was decided by the Lahore High Court in Settlement Appeal No. 37 of 1971. It was held that the property in dispute was a part of the compensation pool, and not evacuee trust property and the same had been rightly transferred to the respondent. The contention of the petitioner that he was not the tenant of the respondent thus disappeared. The learned Rent Controller decided the ejectment application against the petitioner.
2. The petitioner filed an appeal which was dismissed by the learned District Judge on the 26th November 1970. The petitioner then filed a second appeal which was dismissed by a learned Single Judge of the Lahore High Court on 16th November 1971. The petitioner seeks permission to file an appeal against the said order.
3. Mr. Saeed-ur-Rehman Farrukh, learned counsel for the petitioner, has contended that the petitioner was under the bona fide impression that the property in dispute belonged to Gurdawara Damdama Sahib and, therefore, he did not pay the rent to the respondent. If that is so, the petitioner should have paid the rent to the Gurdawara Trust. He failed to do so. It -is~, thus quite clear that the petitioner is in default and the learned' Rent Controller was perfectly justified in ordering the eviction of the petitioner. It is now settled by the judgment of the High Court'', in Settlement Appeal No. 37 of 1971 that the property in dispute is a part of compensation pool and it was rightly transferred to the respondent. The petitioner therefore, is the tenant of the respondent.
4. After hearing the learned counsel for the petitioner, we are satisfied that the order of the petitioner's eviction has been rightly passed. There is no ground to interfere. The petition is dismissed.