Law:

Section:

(a) Practice and procedure- ----- Point not raised before High Court---Need not be entertained for first time in Supreme court, particularly when not taken in grounds either. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-- --- S. 15(4)--Court-fee payable on memo of appeal Particular ruling of High Court deciding it to be ad-valorem under challenge before full Bench of High Court-Counsel, held, could justifiably await decision of Full Bench before making good deficiency.-[Court fee]. Khan Ghulam Hassan Khan v, Dr. Rashid P L D Kar 35ref. (c) Transfer of Property Act (IV of 1882)-- .--- S. 53-A--Part performance, principle of --Agreement of sale, sheet anchor of tenant's case, not exempting him from payment of rent Tenant's continued occupation of premises in violation of law, held could hardly be put forth as defence or a step towards part performance when tenant admittedly never passed consideration for sale. West Pakistan Urban Rent Restriction Ordinance (VI of 1959). Kalimuddin Ansari v. Director: Exclse & Taxation P LD 1971 SC 114 held not relevant. ORDER MUHAMMAD AFZAL CHEEMA, J. The petitioner a statutory tenant of the premises transferred to Respondent No. 1 was ejected by the .Rent Controller on ground of default in payment of rent. This finding is not challenged by the petitioner's counsel before us. On the other hand he was frankly admitted the default but has tried to explain it away. The lower Appellate Authority set aside the order of ejectment which was restored by the High Court in Second Appeal vide order dated 17.6-1975, from which leave to appeal is sought in this petition. The admitted position is that the respondent is the transferee of the premises the date of transfer being 15-7-1967. Earlier on 3-7-1960, in anticipation of the transfer he entered into an agreement to sell the premises in favour of the petitioner the agreement Exh. R/1 which contains no stipulation exempting the petitioner from payment of rent till the completion of the sale. On the admission of the petitioner that he had paid no rent the Rent Controller made an order of ejectment against him. In appeal however the District Judge took the view that the…

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