SOOHARO vs RAMZAN
This matter concerns a petition for leave to appeal against a High Court judgment that upheld an eviction order against the petitioner. The core legal question was whether the petitioner, as a tenant, was entitled to receive a notice under Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, despite having entered into a specific tenancy agreement with the respondent on 9-10-1966. The Rent Controller had initially ordered eviction due to default in rent payments, a decision reversed by the Additional District Judge on the grounds of lack of notice, but subsequently restored by the High Court. The Supreme Court held that the High Court correctly determined that the petitioner, having acquired tenancy rights through a private agreement, was not entitled to the statutory notice under Section 30 of the Act. The Court affirmed the findings of fact regarding the execution of the agreement and the default in rent payment, concluding that the eviction order was legally sound and dismissing the petition for leave to appeal.
- Is a tenant who acquires tenancy rights through a private agreement entitled to notice under Section 30 of the Displaced Persons (Compensation and Rehabilitation) Act 1958?
- Does the failure to pay rent for the period in question justify an eviction order against a tenant?
- Section 30, Displaced Persons (Compensation and Rehabilitation) Act 1958
ORDER
1. ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that respondent filed an application for petitioner's eviction from the demised premises on the ground that he was a defaulter in payment of rent from October, 1967 till the filing of the ejectment application. After recording evidence of the parties, the Rent Controller held the petitioner as a defaulter in payment of rent and directed him, by the order, dated 31-7-1969. To hand over the vacant possession of the demised premises to respondent.
2. Petitioner being aggrieved by the order of the Rent Controller, filed an appeal which was allowed by the Additional District Judge on the ground that the ejectment application was not competent as notice under section 30 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 was not served on the petitioner who was a statutory tenant.
3. On a second appeal filed by respondent, the learned Judge in Sind High Court who dealt with the case held on re-appraisal-of the evidence recorded in the case that petitioner was not entitled to notice under section 30 of the Act for the reason that he had acquired the tenancy rights from the respondent through an agreement, dated 9-10-1966 (Exh. 21), and since admittedly no rent had been paid by him to the respondent for the period in question, learned Rent Controller had rightly passed the order of eviction against him. On this view of the case, learned Judge of the High Court set aside the judgment of the Additional District Judge anal upheld the order of the Rent Controller.
4. Mr. G.M. Qureshi, learned counsel appearing in support of this petition for leave to appeal from the judgment of the High Court submits that since petitioner was occupying the property even before the target date, namely, 20-12-1958, no order of eviction could be passed against him in the absence of service of notice under section 30 of the Act.
5. This plea has been examined by the High Court in great detail, and rejected on the ground that the petitioner acquired tenancy rights from the respondent under an agreement, dated 9-10-1966 and it was, therefore, unnecessary in law for the petitioner to serve notice under section 30 of the Act on the respondent. The High Court has also held that the petitioner had indeed executed the agreement, dated 9-10-1966. These findings of fact and law are unassailable, and in view of the admitted position that petitioner failed to pay rent for the period complained against him, no exception in law can be taken against the view that prevailed with the learned Judge in the High Court.
6. There is, therefore, no merit in this petition, and it is dismissed.