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Civil Petition No. 969 of 1985, decided on 10th November, 1985.
(On appeal from the judgment, dated 23‑10‑1985 of the Lahore High Court, Lahore in Writ Petition No. 133 of 1985).
‑‑‑Art. 185(3)‑‑Transfer of Property Act (IV of 1882), S. 53‑A‑ Petitioner denying being tenant on basis of having entered into agreement for sale of suit property and claiming protection under S. 53‑A of Act (IV of 1882)‑‑Held, petitioner not having entered into possession of property under terms of contract or agreement, could not claim such protection‑‑Petition dismissed.
Ch. Mushtaq Masood, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate‑on‑Record (absent) for Petitioner.
Nemo for Respondents.
Date of hearing: 10th November, 1985.
‑‑This is a rent case. The petitioner had denied being a tenant under respondent No.3 on the ground that its original owner (respondent No.4 herein) had entered into an agreement for sale with him and his possession was protected under section 53‑A of the Transfer of Property Act. However, as the petitioner did not enter into possession of the property under the terms of the contract or agreement with respondent No.4 it is evident that he could not claim the protection under section 53‑A of the Act.
2. There is no force in this petition which is, accordingly dismissed.
M. I. Petition dismissed.
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