Law:

Section:

(a)West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--Ss. 2(c) & 13(2)--Transfer of Property Act (IV of ,1882), Ss.53-A & 54-­Petitioners' predecessor-in-interest became owner of property on execution of registered sale-deed in his favour--Petitioners claiming such interest through their predecessor could not be directed to get their title to property cleared by civil Court--Transferee on basis of sale-deed of rented property, has, became landlord within meaning of S.2(c) of West Pakistan Urban Rent Restriction Ordinance, 1959--When tenant of such property made default in payment of rent, he could be ejected under the Ordinance. (b) Transfer of Property Act (IV of 1882)-- S.54--Sale--Transfer of ownership in exchange for a price paid or promised or part-paid or part-promised constitutes sale. (c) Contract Act (IX of 1872)-- ---S.2--Contract for sale of immovable property is a contract that sale of such property should take place on terms settled between parties but it would not by itself create any interest in or charge on such property. (d) Transfer of Property Act (IV of 1882)-- ---S.53-A--Protection of possession--Provisions of S.53-A, Transfer of Property Act give right to retain possession on ground of part performance but they do not affect rights of a transferee for consideration who had n« notice of contract or part performance thereof. Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan, Mehtab, Advocate-on-Record for Petitioners. Mian Nisar Ahmad, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Respondents. Date of hearing: 20th November, 1988. ORDER NAIMUDDIN, J.--The petitioners and the respondent 3 (hereinafter jointly called the petitioners), are the successors-in-interest of Sh. Wazir Muhammad who was the owner of Property No.76/C-i, Gulberg III, Lahore, having purchased the same from Mst. Gulfarin Riaz wife of Riaz Alunad Naik by a sale-deed dated 15-5-1972 and registered on 20-5-1972. The petitioners predecessor-in-interest on or about 24-8-1973, filed an application under section 13 of the West Pakistan Rent Restriction Ordinance, 1959, for eviction of the respondent 1 from the house on the…

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