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DR. ABDUL HAKIM ABRASH versus ACE SECURITIES (PVT.) LTD.


Section 12 Civil Procedure Code (V8 1908), O XXXX, RR 1 and 2 Individual Rental Orders Ordinance (XVII 1979), Section 15 Transfer Property Act (IV 1882), Section 53 A Deed of Sale Agreement Request to enter into a tenancy agreement with the plaintiff's indemnity for 11 months on 1 6 2005 ie the tenancy agreement until 30 4 2006 provided that, after the expiry of his term, the vacancy is granted A certain amount will be paid by the claimant for each day. Defendant's agreement between the parties was provided for payment of the second installment of 3 6 2005, up to 304 2006, whereby the plaintiff's possession of the property would be considered under the sale agreement, valued at 24 2006-2006. The plaintiff's failure to receive and file the second installment was filed by the plaintiff, Waldetti, for 11 months, on behalf of the plaintiff in the judgment of the plaintiff in connection with the granting of bank guarantee by the plaintiff for 11 months, Where er he was not liable to pay the rent under the rental agreement because after the payment of the second installment of the sale price, the possession of the property And was to be considered under the sale agreement, thus the plaintiff was entitled to the protection of section 53A of the Transfer of Property Act, 1882. Instructed the rent controller to take action on the rent issue, but not to execute the final order until the case was decided.

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