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Second Appeal No. 57 of 1976, decided on 12th October 1980.
S. 13 read with Transfer of Property Act (IV of 1882), S. 53‑A Ejectment‑Agreement to sell‑Landlord and tenant, relationship of‑ Question whether liability of tenant entering into contract with landlord for sale of property in his tenancy ceases ipso facto without any stipulation in contract to such effect‑Held : No stipulation having been made about continuation or cessation of tenancy prior to execution of contract for sale of property tenant deemed to be a tenant holding over, relationship of tenant and landlord continued, liability of appellant/tenant to pay rent to respondent/landlord continued and tenant on failure to pay rent liable to ejectment‑West Pakistan Urban Rent Restriction Ordinance, 1959 being a special law, provision of S. 53‑A of Transfer of Property Act, 1882, held further, no bar to ejectment of tenant wilfully defaulting in making payment of rent to landlord notwithstanding tenant having an agreement for sale of property in his favour and having done some act in furtherance thereof unless tenant shown to be continuing in possession in part performance of contract‑ [Hassan Abbas v. Shahid Bashir etc. 1980 C L C 1442 ; Manzoor Hussain v. Nawazish Hussain and another P L D 1976 Lah. 637 ; Kalimuddin Ansari v. Director, Excise & Taxation, Karachi P L D 1971 S C 114 ; Bachu Bat r E. Dinshaw v. Commissioner of Income‑tax P L D 1967 Kar. 372 and Chhappar Khan and another v. Chief Land Commis sioner, West Pakistan, Lahore and 3 others P L D 1976 Kar. 747 held not applicable].‑[Interpretation pf statutes].
Hassan Abbasv. Shahid Bashir etc. 1980 C L C 1442 ; Manzoor Hussain v. Nawazish Hussain and another P L D 1976 Lah. 637 ; Kalimuddin Ansari v. Director, Excise and Taxation, Karachi P L D 1971 S C 114 ; Bachu Bai F. E. Dinshaw v. Commissioner of Income‑tax P L D 1967 Kar. 372 and Chhappar Khan and another v. Chief Land Commissioner, West Pakistan, Lahore and 3 others P L D 1976 Kar. 747 held not applicable.
Jan Muhammad v. Ghulam Ghous 1976 S C M R 141 rel.
S. Hamid Ali Rizvi for Appellant.
Khalilur Rahman for Respondent.
Date of hearing : 8th September 1980.
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