| Case ID |
162e4214-9e88-4235-8ba3-3c9258145ba6 |
| Body |
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| Case Number |
Civil Petition No. 969 of 1985 |
| Decision Date |
Nov 10, 1985 |
| Hearing Date |
Nov 10, 1985 |
| Decision |
The petitioner denied being a tenant under respondent No.3, claiming protection under section 53-A of the Transfer of Property Act due to an agreement for sale with the original owner. However, since the petitioner did not enter possession of the property according to the terms of the agreement, the court found that he could not claim the protection provided under section 53-A. Consequently, the petition was dismissed. |
| Summary |
This case involves the Supreme Court of Pakistan's ruling on a civil petition regarding tenancy and property rights. The petitioner, Muhammad Idrees, contended that he was not a tenant of the Additional District Judge, Lahore, as he had entered into an agreement for the sale of the property with the original owner. He sought protection under section 53-A of the Transfer of Property Act, which safeguards possession under certain agreements. However, the court determined that the petitioner had not taken possession according to the stipulations of the contract, thereby disqualifying him from the protections of section 53-A. This ruling underscores the importance of adhering to the terms of agreements in property transactions and clarifies the limitations of tenant rights in the context of property sales. The decision reaffirms the necessity for clear possession rights to invoke statutory protections. Key legal keywords include 'property rights', 'tenancy law', 'agreement for sale', and 'legal protections under property law'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
NASIM HASAN SHAH,
S.A. NUSRAT
|
| Lawyers |
Ch. Mushtaq Masood,
Ch. Mehdi Khan Mehtab
|
| Petitioners |
MUHAMMAD IDREES
|
| Respondents |
respondent No. 4,
ADDITIONAL DISTRICT JUDGE, LAHORE
|
| Citations |
1986 SLD 683,
1986 SCMR 981
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Transfer of Property Act (IV of 1882)
|
| Sections |
53-A
|