Law:

Section:

(a) Transfer of Property Act (IV of 1882)----- S. 53-A --- Specific Relief Act (I of 1877), S. 12 --- Sindh Rented Premises Ordinance (XVII of 1979), S. 15-- -Agreement to sell the property --- Part performance --- Ejectment proceedings against tenant to tenant --- Adjudication of such civil rights of enforcing the contract on the part of a transferor, which fell beyond the limited jurisdiction of Rent Controller, cannot be undertaken and determined finally in ejectment proceedings. (b) Contract---- --- Court cannot read into a contract a term which does not exist there. (c) Transfer or Property Act (IV of 1882)-- --- S. 53-A --- Specific Relief Act (I of 1877), S. 12 --- Agreement to sell -Part performance --- Merely because the agreement to sell used the expression that the possession of the property was given on purely caretaker basis, would not imply that transferee was put in possession in his own right as a vendee in part performance of sale agreement. (d) Transfer of Property Act (IV of 1882)-- ---Ss. 53-A & 55 --- Specific Relief Act (I of 1877), S. 12 --- Sindh Rented Premises Ordinance (XVII of 1979), S.15 --- Agreement to sell --- Part performance --­Whether term of the contract with regard to possession being given on a caretaker basis, can be construed as possession taken in part performers of the contract to transfer immovable property as required by S.53-A --- If a vendee is already in possession of immovable property, it would be necessary that the vendor by appropriate acts and declarations converts the permissive .possession of such a vendee, whether as a tenant or otherwise, into possession as a vendee --- In case of a sale of immovable property which was already ]eased out and is in occupation of a tenant, the vendor would be required, to deliver symbolic possession to the buyer by asking the tenant to attorn to better. [Hassan Abbas v. Shahid Bashir and others 1980 CLC 1442 overruled]. Link 1 The rights of the transferee under section 53-A of Transfer of Property Act, 1882 are protected, inter alia, on showing that the transferee has in part performance of the contract taken possession of the property or any part thereof, or the…

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