Law: Transfer of Property Act, 1882

Section: 53A

Law: Transfer of Property Act, 1882

Section: 53A

(a) Specific Relief Act (I of 1877)------S. 12---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Sindh Rented Premises Ordinance (XVII of 1979), S.15---Transfer of Property Act (IV of 1882), S.53-A---Suit for specific performance of sale agreement--- Ejectment petition, pendency of--- Defendant on 1-6-2005 entered into tenancy agreement with plaintiff for 11 months i.e. upto 30-4-2006--Tenancy agreement provided that after expiry of its fixed term, a fixed amount for each day would become payable by plaintiff till delivery of vacant possession to defendant---Sale agreement between parties made on 3-6-2005 providing for payment of second instalment upto 30-4-2006, resulting possession of plaintiff over property, would be deemed under sale agreement---Failure of defendant to receive second instalment of price on 24-4-2006 and filing of suit on 26-5-2006 by plaintiff---Order of status quo with regard to possession of property subject to furnishing Bank guarantee by plaintiff---Validity---Plaintiff had paid rent for 11 months, whereafter he was not liable to pay rent under rent agreement as after payment of second instalment of sale price, possession of property had to be deemed under sale agreement, thus plaintiff was entitled to protection of S.53-A of Transfer of Property Act, 1882---High Court directed Rent Controller to proceed with rent case, but not to execute final order till decision of suit. Mst. Azeemun Nisa Begumi v. Ali Muhammad PLD 1990 SC, 382 and Mst. Ghulam Sakina v. Umar Bakhsh and another PLD 1964 SC 456 ref. (b) Interpretation of document--- ----Substance of document and not its form must be kept in mind while interpreting the same---Principles. Document must be considered as a whole and intention of the parties is to be discovered from the contents of the document, meaning thereby substance of the document must be kept in mind and not form of the document. Rasheedur Rehman Khan v. Mian Iqbal Hussain 2006 SC 418 rel. Asif Ali Pirzada for Appellant. Haider Waheed for Respondent. ORDER KHILJI ARIF HUSSAIN, J.---On 25-2-2009, for the reasons to be recorded later, appeal was dismissed in limine, and these are the reasons of short order.…

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