2013 YLR 1898 KARACHI-HIGH-COURT-SINDH

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Mrs. REFHAT HAMIDEE VS Sheikh ABDUL AZIZ 2010 CLC 407, Cantonments Rent Restriction Act 1963--24 , Transfer of Property Act 1882--53-A , S. 24---Transfer of Property Act (IV of 1882), S.53-A---Landlord and tenant, relationship of---Appellant was inducted in the property in question as a "tenant"---Sale and purchase was alleged to have been made between the tenant and predecessor-in-interest of landlord---No registered sale-deed was executed in favour of the appellant/tenant by previous owner---Unless and until registered sale-deed was executed in between the parties, the relationship of tenant and landlord existed in between the parties and the tenant could not get benefit of "sale agreement" to avoid payment of rent---Agreement to sell did not create any right, title or interest in the property itself, but same only would grant right to get contract completed through decree for specific performance of contract from civil court if alleged vendor had refused to perform and execute alleged agreement---Trial Court was justified in ordering the eviction of the appellant from the demised premises---Appeal was dismissed.