Law:

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(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)-------S. 13(2)(i)---Ejectment petition---Default in payment of rent---Denial of relationship of landlord and tenant on basis of agreement of sale---Validity---Agreement did not contain any clause to the effect that tenant would be absolved of his liability to pay rent or -that nature of his possession would be changed from that of a tenant to one under agreement---Tenant was liable to pay rent to landlord---Ejectment petition was accepted in circumstances. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Specific Relief Act (I of 1877), S.12---Ejectment petition---Denial of relationship of landlord and tenants on basis of agreement of sale---Suit for specific performance of agreement by tenant, pendency of---Effect---Rent Controller would not be bound to stay ejectment proceedings "due to such dispute of title between parties. Haji Jumma Khan v. Haji Zarin Khan PLD 1999 SC 1101 rel. (c) Specific Relief Act (I of 1877)--- ----S. 12---Specific performance of agreement of sale, suit for---Execution of agreement by defendant, denial of---Plea of defendant was that his thumb-impressions were obtained on some papers on the pretext that rent note had to be executed in duplicate---Proof---Attesting witnesses of agreement examined in court were brother and maternal-uncle of plaintiff---Stamp-paper of agreement was purchased by third person---Receipt of earnest money and execution of agreement was denied by defendant in examination-in-chief---Defendant during cross-­examination was neither confronted with agreement nor was there its mention---Suit was dismissed in circumstances. Nasarullah Khan Babar for Petitioner. Muhammad Yaqoob Chaudhry for Respondents. Date of hearing: 27th April, 2007. JUDGMENT MAULVI ANWARUL HAQ, J.--- This judgment shall decide Civil Revision No.1681 of 2001 and S.A.O. No.26 of 2004 as common questions are involved. 2. On 1S-S-1995 the petitioner (who is also the appellant in S.A.O. No.26 of 2004) filed an application for ejectment of the respondent from a shop located in Kasur urban area. According to the contents of this application, the respondent was…

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