Law:

Section:

Transfer of Property Act (IV of 1882)--S. 53-A---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine, whether an agreement of sale in favour of tenant in possession, would protect him against his dispossession under S.53-A, Transfer of Property Act, 1882. Shamim Akhtar v. Muhammad Rasheed P L D 1959 SC 575 ref: (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-.- ----S. 13---Transfer of Property Act (IV of 1852), S.53-A---Constitution of Pakistan (1973), Art. 183(3)---Transferee of property in question had entered into agreement to sell in favour of appellant but subsequently sold the same to respondent who on the force of sale got order of ejectment against appellant which was confirmed by higher forums---Appellant in his appeal before Supreme. Court took plea that he having riled civil suit on basis of agreement of sale in his favour, his ejectment should be subject to decision of Civil Court---Held decisions in the hierarchy of Rent Restriction Ordinance would be subject to the final verdict in tile general jurisdiction of Civil Court---Order of ejectment passed against appellant would, however, remain valid till final decision of Civil Court which apart from rendering final decision would also be able to control question of' possession till decision by that Court---Supreme Court granted one month's stay to appellant to seek/apply for interim relief from Civil Court, JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.--- This appeal through leave of the Court is directed against the judgment, dated 18th January, 1986 of the Lahore High Court; whereby, the appellants' Constitutional (Writ) Petition arising out of an urban tenancy matter, was dismissed. Muhammad Aslam respondent No.l was permanently transferred the plot in dispute which was surrendered by one Bashir Ahmad under the laws relating to the Settlement of Displaced Persons, in 1982. The appellants were then in possession of this plot. The transferee applied for their ejectment before a Rent Controller. The appellants' plea was that there was no relationship of landlord and tenant because the said…

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