Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13---Specific Relief Act (I of 1877), S.12---Ejectment proceedings and suit for specific performance of agreement to sell the rented property---Consolidation---Objection---Tenant raised the objection with regard to consolidation of proceedings before High Court after the Rent Controller allowed the ejectment application and the order of ejectment was upheld by the Appellate Court---Tenant, in the present case, had been afforded the luxury of fighting out the case of specific performance of agreement with the landlord while remaining in possession of the premises notwithstanding the fact that he was not complying with the terms of tenancy or the landlord had become entitled to the possession of the premises---Validity---The matter was consolidated on the request contained in application of the tenant and the proceedings were conducted accordingly, no prejudice had been claimed because of the consolidation at any stage---Objection raised by the tenant was repelled in circumstances. (b) Specific Relief Act (I of 1877)--- ----S. 12---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13---Civil Procedure Code (V of 1908), S.115---Qanun-e-Shahadat (10 of 1984), Art.84---Specific performance of agreement to sell---Signatures on agreement---Comparison. by Court---Petitioner being tenant in the suit property claimed to be owner on the basis of agreement to sell and the matter was decided against him by the Rent Controller as well as by the Civil Court---Landlord denied execution of any agreement to sell in favour of the tenant---Both the Courts below concurrently dismissed the claim of the tenant and suit for specific performance of agreement to sell was dismissed and the ejectment of the tenant was allowed ---Validity--­Judgments and decrees were passed after reading the entire evidence on record---Both the Courts below had neither acted with material irregularity in exercise of their jurisdiction nor had acted without authority---High Court itself compared the admitted signatures of the landlord with those on the agreement to sell and found that there was a difference between the…

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