Law: Transfer of Property Act (IV of 1882)

Section: 108(h), (p) & (q)

Law: Municipal Administration Ordinance, (X of 1960)

Section: 83(2-A)

Transfer of Property Act (IV of 1882)---- S 108(h), (p) & (q)-Municipal Administration Ordinance (X of 1960), S. 83(2-A)--Punjab Town Improvement Act (IV of 1922), S. 49-Maxim a Quicquid plantatar solo, solo cedit (whatever is fixed to the soil becomes part of it)-Confession-Ejectment-Provisions of S. 108(h), (p) & (q)-Applicable only in absence of contract or local usage to contrary-Lease deal stipulating surrender of land at termination of period of lease, to remove structures erected within one month, all buildings and materials not so removed to become abso�lute property of respondent Trust, and Trust being not bound to pay any sum by way of price, compensation or damage-Period of lease having expired and lessee failing to remove structure within one month, property, in building, held, vested absolutely in Trust without payment of any compensation and lessee liable to ejectment in pursuance of notice served on him.-[Maxim].Ramsden v. Dyson (1865) 149 R R 543 ; Thakoor Chunder Poramanic v. Ramdhone Bhuttachargee 6 Suth. W R 228 and Narayan Das Khetry v. Jatindra Naih Roy Chowahry and others A I R 1927 P C 135 ref.JUDGMENT MUHAMMAD AKRAM, J.-This is an appeal by special leave from the judgment and decree dated 12th of March 1970 passed by a learned Judge of the erstwhile High Court of West Pakistan at Lahore, whereby he dismissed the Regular Second appeal filed by the appellant herein against the respondents in the circumstances stated below. The dispute in this case relates to the premises bearing shop No. P/6, General Bus Stand, Lyallpur. The site appurtenant to and under the shop in question is vested in respondent No. 1, Lyallpur Improvement Trust, Lyallpur and was let on lease to the appellant. But afterwards on the 3rd of March 1969 the respondents served a notice on him under sub* section (2-A) of section 83 of the Municipal Administration Ordinance, 1960 read with section 49 of the Punjab Town Improvement Act, 1922, requiring him to vacate the premises within 7 days. In these circumstances on the 8th of May 1969, the appellant brought a suit against the respondents in the civil Court at Lyallpur. He asserted that the plot in…