Law:

Section:

(a) Constitution of Pakistan(1973)- -- Art. 199-Concurrent finding of fact, arrived at by lower Courts, even if erroneous, held, cannot be interfered with by High Court .­[Findings of facts]. (b) Transfer of Property Act (IV of 1892)- S. 53-A read with West Pakistan Urban Rent Restriction Ordi­nance (VI of 1959), S. 13-Landlord and tenant, relationship of-Juris­diction-Agreement of sale with regard to disputed premises entered into between landlord and tenant subject to condition of balance of sale price being paid up by tenant purchaser within a stipulated period ­Petitioner not paying up such balance of price within time allowed ­Agreement of sale hence automatically ceased to have any legal effect on expiry of stipulated period-Respondent landlord taking out eject­ment proceedings on expiry of such period-Protection of agreement of sale or of provisions of S. 53-A, Transfer of Property Act, 1882, held, in circumstance not available to petitioner tenant and with disappearance of agreement from scene relationship of landlord and tenant between parties revived and Rent Controller possessed jurisdiction to hear and decide case.-[Jurisdiction]. Manzoor Hussain v. Nawazish Nazir Hussain and another P L D 1976 Lah 637 rel. ORDER This writ petition has arisen out of an ejectment order passed against the petitioner, Muhammad Khalid. His ejectment was sought by respondent No. 1, Muhammad Munir, hereinafter referred to as the respondent, inter alia, on the ground of default. The plea raised by the petitioner was that when he was occupying the disputed premises as a tenant under the respondent, the respondent executed an agreement to sell those premises to the petitioner. According to the petitioner, on the coming into existence of the said agreement the relationship of landlord and tenant between the parties had seized to exist and, therefore, the Rent Controller had no jurisdiction to hear the ejectment application filed by the respondent. After recording the parties' evidence on issue relating to the existence of relationship of landlord and tenant between the parties, it was found by the learned Rent Controller, who bad made the order of eviction that the petitioner…

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