1996 SCMR 877 SUPREME-COURT

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BOR BIBI VS ABDUL QADIR West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 S. 13---Transfer of Property Act (IV of 1882), S. 54---Contract Act (IX of 1872), S. 2(h)---Constitution of Pakistan. (1973), Art. 185(3)---Order of ejectment of tenant from property---Tenant basing his claim on agreement to sell executed subsequently between landlord and himself--- Order of ejectment passed by Rent Controller was affirmed by High Court---Validity---Leave to appeal was granted to consider whether order of eviction could be Passed against tenants in view of the fact that they had alleged that they were owners in their own right in pursuance of agreement of sale and, therefore, without partition of land in question, co-owners could not institute ejectment proceedings against petitioners (tenants).