1981 CLC 1117 LAHORE-HIGH-COURT-LAHORE

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REHMAT ALI VS ABDUL AZIZ Transfer of Property Act 1882--53-A , S. 53-A-Ejectment from tenancy-Landlord entering into an agreement of sale with tenant with respect of property in his occupation-Held, tenant entitled to protection of S. 53-A if he proves execution of such an agreement; payment of a considerable amount towards sale price and stipulation in agreement for exemption from payment of rent-Such defence can be taken irrespective of suit for specific performance of contract or a declaratory suit Rent Controller competent to determine relationship of landlord and tenant between parties-Question of title cannot be gone into by Rent Controller in eviction proceedings-Liability to pay rent can also be determined on question of return of money advanced-Tenant not obliged in all eventualities to file a suit for specific performance of contract-Such suit may be filed by tenant, if liability to pay