Law:

Section:

(a) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 24---Transfer of Property Act (IV of 1882), S.53-A---Landlord and tenant, relationship of---Appellant was inducted in the property in question as a "tenant"---Sale and purchase was alleged to have been made between the tenant and predecessor-in-interest of landlord---No registered sale-deed was executed in favour of the appellant/tenant by previous owner---Unless and until registered sale-deed was executed in between the parties, the relationship of tenant and landlord existed in between the parties and the tenant could not get benefit of "sale agreement" to avoid payment of rent---Agreement to sell did not create any right, title or interest in the property itself, but same only would grant right to get contract completed through decree for specific performance of contract from civil court if alleged vendor had refused to perform and execute alleged agreement---Trial Court was justified in ordering the eviction of the appellant from the demised premises---Appeal was dismissed. Muhammad Nawaz Magsi v. Haji Illahi Bux and others 2010 CLC 407 distinguished. (b) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Law did not entitle a person to transfer a right in a property which he himself did not possess though the property might be in his name---Land in question had already been agreed to be sold under agreement to sell in favour of plaintiff and the same was coupled with transfer of possession---Subsequent transferees could not be conferred with any lawful title in the disputed land and they could not even claim to be a bona fide purchasers for value without notice. Muhammad Nawaz Magsi v. Haji Illahi Bux and others 2010 CLC 407; Chaudhary Nazir Ahmed v. Mrs. Mariam Salahuddin Khawaja and others PLD 1994 Lah. 252; Dr. Abdul Hafeez v. Province of Punjab and others PLD 1991 SC 165; 1984 CLC 3483; 1995 SCMR 1407; 1997 SCMR 567; 2004 YLR 3317; 2004 CLC 862; 2005 SCMR 1079; 2007 CLC 1225; 2008 CLC 650; PLD 2008 Kar. 424; and 2009 SCMR 1396 ref. (c) Cantonments Rent Restriction Act (XI of 1963)--- ----S. 24---Determination of genuineness of conveyance deed---Validity---Question about genuineness or…

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