2006 YLR 2268 LAHORE-HIGH-COURT-LAHORE

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KHURSHID AHMAD VS ABDUL RASHID NIZAMI 1996 SCMR 877, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Civil Procedure Code --Order IX of C.P.C. Appearance of Parties and Consequence of Non-Appearance--6 , Constitution of Pakistan 1973--199 , Specific Relief Act 1877--12 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , --S. 13---Specific Relief Act (I of 1877), S.12---Civil Procedure Code (V of 1908), O.IX, R.6---Constitution of Pakistan (1973), Art.199---Constitutional petition--Agreement to sell---eviction order---Ex parte proceedings---Jurisdiction---Respondent assailed the eviction order before the appellate authority---Appellate authority allowed the appeal and deferred the final decision of the ejectment petition till the final decision of the civil litigation---Validity---Suit for specific performance of the contract was dismissed, respondent had filed an appeal, wherein no injunctive order was granted---Mere agreement to sell created no right, title or interest, same, therefore, could not be pleaded as defence in the ejectment petition---eviction order was fully justified---Appellate authority had assumed the jurisdiction thereby completely misreading the law---Judgment of appellate authority was set aside in circumstances.