Law:

Section:

Civil Procedure Code (V of 1908)--- ----S. 12(2) & O.XIV---Transfer of Property Act (IV of 1882), S. 107---Registration Act (XVI of 1908), Ss. 17(d) & 49---Contract Act (IX of 1872), S.28---Petitioner was aggrieved of order passed by two courts below whereby and decree passed in his favour was set aside by Trial Court in exercise of powers under S.12(2), C.P.C. and order was maintained by Lower Appellate Court---Validity---Lease agreement in question was not registered and such agreement for purpose of tenure was to be binding upon initially for a period of 11 months whereafter relationship between parties was to be regulated in terms of the Transfer of Property Act, 1882---Trial Court as well as Lower Appellate Court failed to consider the case in view of S.107 of Transfer of Property Act, 1882 read with Ss.17(d) & 49 of Registration Act, 1908 as well as S.28 of Contract Act, 1872---Trial Court without framing issues and providing opportunity to parties with regard to legal and factual aspects related to lease in question decided application under S.12(2), C.P.C. filed by respondents---High Court set aside the orders passed under S.12(2), C.P.C. as same required determination by Trial Court accordingly---High Court remanded the matter to Trial Court for decision afresh---Constitutional petition was allowed in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD EJAZ SWATI, JUSTICE:---.--- Since both the petitions arising out of common orders and besides common question of facts and law are involved in both the petitions, therefore, are being disposed of through this common judgment. 2. The petitioner No. 3 Muhammad Azam (in C.P. No. 298 of 2010) was owner of the property bearing Khasra Nos.470 to 481, 12 Qittas, Khatooni No. 174 situated in Ward No. 46, Tappa Urban Tehsil Quetta total measuring 23551 sq.ft. (old Khasra No. 9814/6030, Khewat No. 26, Khatooni No. 41-40, War No. 16, Tappa Urban Tehsil, Quetta, who leased out the suit property to predecessor-in-interest of private respondents vide Ajara Nama dated 31st August, 1960, which was for a period of 20 years. It was alleged by the private respondents that another lease agreement dated 6th…

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