Law: Transfer of Property Act (IV of 1882)

Section: 55 (2)

  P L D 1956 (W. P.) Karachi 514           Transfer of Property Act (IV of 1882), S. 55 (2) Agreement to transfer leasehold rights in plot of land as well as the structure on the plot-Seller not possessing such rights in plot-Specific performance of agreement refused- Specific Relief Act (1 of 1877), S. 25.     The plaintiff agreed to transfer leasehold rights in a plot of land held from the Municipal Corporation along with the construction on such land raised by the plaintiff himself. The plaintiff admittedly did not have any leasehold rights in the plot.   Held, that the plaintiff was not entitled to specific performance of the agreement.   Tulsidas Ramchand and another v. Pritbai and others A I R 1943 Sind 92 and Associated Hotels of India Ltd. v. Jodha Mat Kothalia P L D 1954 F C 35 ref.   Use and occupation-Compensation for, in respect of structure raised unauthorisedly on Municipal land-Suit competent.   Held, that the owner of a structure standing on a plot of land belonging to a Municipal Corporation, the owner of the structure being simply a trespasser on such plot. was entitled to claim compensation for use and occupation of the same by anyone who may be in possession of the same.   Held further, that the owner of the structure was entitled also to eject anyone in occupation of the structure.     JUDGMENT   INAMULLAH, J.---This is a suit for specific performance, damages and ejectment, and arises under the following circumstances   The defendant, on 12th January 1949, agreed in writing to purchase the godown in question for Rs. 52,500 from the plaintiff and paid a sum of Rs. 10,000 as earnest money. The sale was to be effected within one month, after obtaining the income-tax clearance certificate.   The defendant, in the meantime, by a letter dated the 14th January 1949, agreed to take possession of the godown and pay Rs. 400 as rent to the plaintiff.   The defendant extended the period for registration of the sale-deed by the plaintiff to 12th March 1949 by his letter dated 12th February, 1949. The plaintiff obtained the income-tax clearance certificate on…