Case Details

Citation(s)
1981 SLG 3383 = 1981 SLD 3383 = 1981 CLC 347
Court of Special Judge, Karachi
Second Appeal No. 57 of 1976, decided on 12th October 1980.
Presented By: Tanzil-ur-Rehman, J
S. Hamid Ali Rizvi for Appellant.      Khalilur Rahman for
Respondent.    

KHUSRO ALAM HYDRI-Appellant

VERSUS

Mst. IQBAL BEGUM-Respondent

Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13

Law: Transfer of Property Act (IV of 1882)

Section: 53-A

West Pakistan Urban Rent Restriction ordinance (vi of 1959) S. 13 read with Transfer of Property Act (IV of 1882), S. 53-A Ejectment-Agreement to sell-Landlord and tenant, relationship of- Question whether liability of tenant entering into contract with landlord for sale of property in his tenancy ceases ipso facto without any stipulation in contract to such effect-Held : No stipulation having been made about continuation or cessation of tenancy prior to execution of contract for sale of property tenant deemed to be a tenant holding over, relationship of tenant and landlord continued, liability of appellant/tenant to pay rent to respondent/landlord continued and tenant on failure to pay rent liable to ejectment-West Pakistan Urban Rent Restriction Ordinance, 1959 being a special law, provision of S. 53-A of Transfer of Property Act, 1882, held further, no bar to ejectment of tenant wilfully defaulting in making payment of rent to landlord notwithstanding tenant having an agreement for sale of property in his favour and having done some act in furtherance thereof unless tenant shown to be continuing in possession in part performance of contract-…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register