Law:

Section:

(a) Transfer of Property Act (IV of 1882)--- ----S. 54---Agreement to sell property---Evidentiary value---Such agreement would not create any right/title/ownership in favour of purchaser except to file suit for its specific performance or till finalization of deal by paying entire sale price and mutating property in his name---Purchaser only in case of payment of entire sale price could assert his right to property, but he could not assert such right in case of part payment of sale price---Principles. Messrs Sattar Brothers v. Messrs Hanif Jee and Sons 2005 CLC 1696; Mst. Aisha and another v. Mrs. Samar Afroze 2008 YLR 24; Mst. Mobin Fatima v. Muhammad Yamin and others PLD 2006 SC 214; Hafeezuddin and others v. Badaruddin and others PLD 2003 Kar. 444; Saifullah v. Muhammad Bux and others 2003 MLD 480 and Muhammad Anwar Khan v. Mian Ashgar Ali 1988 CLC 402 ref. Abdul Rasheed v. Maqbool Ahmed and others 2011 SCMR 320; Shameem Akhtar v. Muhammad Rashid PLD 1989 SC 575; Mst. Azeemun Nisa Begum v. Mst. Rabia Bibi PLD 1991 SC 242; Muhammad Rafique v. Messrs Habib Bank Ltd. 1994 SCMR 1012 and Mst. Bor Bibi v. Abdul Qadir 1996 SCMR 877 rel. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R. 1 & O. XLI, R. 32---Judgments of Trial Court and Appellate Court being at variance---Effect---Judgment of Appellate Court in such case would be preferred---High Court could correct of Appellate Court, if its findings were either suffering from misreading or non-reading of evidence or its conclusions drawn were against law. JUDGMENT SADIQ HUSSAIN BHATTI, J.---The petitioners are aggrieved by the Judgment dated 28-2-2007 passed by learned District Judge, Badin in First Rent Appeal No.6 of 2005 whereby the appeal was allowed and the ejectment order passed by the Rent Controller in Rent Case No.2 of 2004 was set aside. 2. The brief facts of the case are that the petitioners are owners of one shop on ground floor, measuring 41.5 sq. yards, situated in Anaj Mandi, Matli Town, Taluka Matli, District Badin (the shop) which was let out to respondent No. 3 (the respondent) at a monthly rent of Rs.3000. Vide an agreement dated 20-3-2007, the petitioner entered into an agreement with the…

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