Case Details

Citation(s)
1990 SLG 838 1990 SLD 838 1990 SCMR 916
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.99 of 1986, decision dated: 17-09-1989.
SAAD SAOOD, JAN AND S. USMAN ALI SHAH, JJ
Zaidi, Advocate Supreme Court and Mahmood A. Dureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents.

ALEEMUDDIN and anothers

VS

MUHAMMAD ASLAM and others

Law:

Section:

Transfer of Property Act (IV of 1882)------S.53-A---Constitution of Pakistan (1973), Art.185(3)---Protection against ejectment ---Leave to appeal---Petitioners who were ordered to be ejected by Courts below from premises in dispute, contended that they had executed agreement of sale of premises with its original owner and had paid total amount to him before he surrendered same to Settlement Authorities and on basis of that transaction sought protection against their dispossession---Contention raised by petitioners needing consideration, leave to appeal was granted. Shamini Akhtar v. Muhammad Rasheed P L D 1989 S C 575 ref. ORDER S. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the judgment of the Lahore High Court dated 18-1-1986, whereby their writ petition was dismissed. Muhammad Aslam respondent No.1 was permanently transferred the plot in dispute which was surrendered by one Bashir Ahmad, by the Settlement Authorities vide order dated 21-11-1982_ The petitioners were in possession of the said plot. Respondent No.1 filed ejectment application against the petitioners before the Rent Controller. The petitioners resisted the same and denied the claim of ownership and relationship of landlord and tenant of the respondent No.1 on the ground that they have executed an agreement of sale of the said plot with Bashir Ahmad and paid the total amount of the plot to…
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