Law: West Pakistan General Clauses Act, (IV of 1956)

Section: 26

Law: Transfer of Property Act, 1882

Section: 53

(a) West Pakistan General Clauses Act (IV of 1956)--S. 26--Service of notice--Notice was properly addressed and was sent by registered post--Service of notice, held, was effected--Burden to prove that addresssee of the notice did not receive it would be on the addressee. (b) Transfer of Property Act (IV of 1882)-- ---S.53-A--Provisions of S.53-A can be pressed when the vendee had paid the entire amount of sale transaction. Section 53-A of the Transfer of Property Act, 1882 can be pressed into service only when the vendee had paid the entire amount of sale consideration. Section 53-A of the Transfer of Property Act provided no defence to the vendees who had failed to perform their part of the contract by paying the balance amount of consideration within the agreed time nor did they, at any stage, show their willingness to do so. The section confers no rights on a party who was not willing to perform his part of the contract. A prospective vendee who had taken possession could not resist dispossession if he were not willing to pay the price agreed upon. So also a person who falsely pleads that he has paid the full consideration for the transfer and is found not to have paid a part of the consideration is not entitled to the benefit of the section. Transfer of Property Act by Mullah, 7th Edn., p. 389 ref. JUDGMENT NAIMUDDIN, J.--In this appeal by leave the dispute relates to Plot No.7, Sector 27, Korangi Industrial Area, Karachi of which the appellant claims to be the landlord and the respondents the tenants in the following circumstances: The appellant filed an application on 1-8-1975 under section 13 of the Sind Urban Rent Restriction Ordinance, 1959 for eviction of the respondents claiming them to be the tenants of the aforesaid property on a monthly rent of Rs.1,400 on the ground that they had defaulted in payment of rent from 1-4-1975 to 31-7-1975. The respondents, in their written statement, by way of preliminary objection, denied that they were tenants and pleaded that the appellant had agreed to sell the property to them for a consideration of Rs.1,05,000 by an Agreement of Sale executed between the parties on 7-2-1973 (Exh.5-E) and they had paid a sum of…

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