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Civil Petition No. 442 of 1979, decided on 13th April, 1983.
(On appeal from the judgment, dated 28‑5‑1979 of the Lahore High Court in S. A. O. No. 20/79/BWP).
‑‑ Art. 185(3)‑West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 13‑Ejectment on ground that petitioner failed to pay rent to person who purchased premises through registered sale‑deed from original owner ‑ Petitioner contending that he had in fact purchased property from original owner prior to sale in favour of respondent and he had filed suit for specific performance in civil Court in that behalf‑Petitioner failing to tender original document to establish plea of prior purchase‑Plea rightly dismissed‑Leave to appeal refused.
Muhammad Abdus Saleem, Advocate Supreme Court and M. Aslam, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing : 13th April, 1983.
The petitioner has been ordered to be ejected on the ground that he failed to pay the rent to the respondents, who had purchased the premises through a Registered Sale Deed from the original owner.
Mr. M. A. Saleem, learned counsel for the petitioner states that the petitioner had, in fact, purchased the property from the original owner prior to its sale in favour of the respondents and that he had filed a suit for specific performance in the civil Court in this behalf.
Unfortunately, he is not in a position to intimate us to the fate of this suit although it was filed as far back as 1978.
As for the plea of prior purchase, taken before the Rent Controller the same was rightly dismissed on the ground that the petitioner had failed to tender the original document in Court, to establish this plea.
M. Z. M.
Appeal dismissed.
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