Pendency of suit

2013 MLD 1648 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.17Specific Relief Act (I of 1877), S.12Transfer of Property Act (IV of 1882), S.53-AEjectment of tenantStay of proceedingsSpecific performance of agreement to sellPendency of suitPart performance

Tenant resisted ejectment proceedings on the plea that he had filed suit for specific performance of agreement to sell and possession of premises was with him as part performance of the agreement

Validity

Tenant could not be protected from ejectment merely by asserting agreement to sell in his favour or by filing suit for specific performance of agreement to sell, unless sale-deed was executed in his favour and agreement to sell had been enforced

Filing of civil suit could not vitiate title of landlord unless the same was finally decided

Only those cases could be left to be decided by civil court, where intricate and complicated questions regarding title of immovable property were involved

Neither there was any dispute regarding ownership of landlord nor there was any intricate or complicated question involved about title of leased premises

Tenant had himself admitted that landlord was owner of the premises and he agreed to sell the same to him, there was no need to leave the matter to be decided by civil court

Tenant could not protect his possession over leased house by invoking provisions of S.53-A of Transfer of Property Act, 1882

Tenant failed to point out any illegality or material irregularity or legal or factual infirmity in eviction order passed by Rent Controller

Appeal was dismissed in circumstances.