1984 SCMR 741 SUPREME-COURT

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ALLEH YAR VS ADDITIONAL DISTRICT JUDGE Transfer of Property Act 1882--53-A , West Pakistan Urban Rent Restriction Ordinance 1959--13-A , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --- Ss. 13 & 13-A---Transfer of Property Act (IV of 1882), S. 53-ALandlord purchasing property through registered deed from previous owner--Occupants, sitting tenants of property -- Landlord serving notice under S. 13-A---eviction petition on ground of default in payment of rent and personal use-Sitting tenants raising plea that one of them having entered into agreement to purchase property from previous owner through a receipt of payment of earnest amount were entitled to retain possession and there was thus no relationship of landlord and tenant between parties- Genuineness o1 said receipt of earnest money disputed from landlord's side-Tenants already filed suit for specific performance so as to establish genuineness, validity and effect of receipt-Courts below rendering concurrent findings that even if husband of previous owner/landlady executed receipt in token of agreement to sell property, there was no proof that he was authorised by his wife to do so-Neither Rent Controller nor appellate Court finally