1998 MLD 894 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ASHRAF BHATTI VS MUHAMMAD YAQOOB PLD 1964 SC 536, Transfer of Property Act 1882--51 , Transfer of Property Act 1882--52 , Transfer of Property Act 1882 ----Ss. 51 & 52---West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S. 15 Sections 51 & 52, Transfer of Property Act, 1882---Applicability--eviction of tenants from rented premises---Tenants claimed that at one stage, property in question was allotted to their predecessor and that they having spent huge amount on construction thereon, were entitled to compensation under S.51, Transfer of Property Act, 1882---Validity--Tenants'predecessor was party to litigation which had started as back as 7-5-1962 and was finally resolved by High Court on 25-11-1985 and then by Supreme Court on 26-4-1987 in favour of landlords---Predecessor of tenants was not only party to first round of litigation but in second round of litigation as well---Tenants'predecessor was, thus, not transferee of rented premises; at best, he could be deemed to be trying to get rented premises from Settlement Department by dislodging landlords--Provision of S. 52, Transfer of Property Act, 1882, was, thus, applicable in such state of affairs because of pending litigation---Tenants'predecessor was, thus, not transferee and his claim to transfer of property in question was subject to genuine challenge---Tenants were, therefore, not entitled to make/effect improvements on such property---Provision of'S. 51, Transfer of Property Act, 1882, was not attracted in circumstances---Tenants were, thus, not entitled to claim compensation for any improvement allegedly made by them on property in question.