1988 CLC 402 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD ANWAR KHAN VS ASGHAR ALI Transfer of Property Act 1882--53-A , --S. 13--Transfer of Property Act (IV of 1882), S. 53-A--Agreement to sell between parties in respect of house--Transferee put in possession of house on payment of certain advance amount as per terms of agreement--Agreement to sell failing to materialize into sale transaction--Owner/transferor filing rent proceedings against vendee--Ejectment of transferee ordered by Rent Controller and finding upheld by Appellate Court--Transferee/petitioner in eviction proceedings, held, was entitled to seek protection of his possession under S.53-A transfer of Property Act, 1882--Ostensible transferor of property was debarred from enforcing against transferee, any right in respect of property of which he had taken possession other than a right expressly provided by terms of contract--Dismissal of transferee's suit in respect of such property against which his appeal was pending would not empower Rent Controller to decide eviction petition without waiting for decision of such appeal.