MUHAMMAD IDREES vs ADDITIONAL DISTRICT JUDGE, LAHORE And Other
This rent matter arose from a petition where the petitioner denied the relationship of landlord and tenant with respondent No. 3. The petitioner contended that the original owner, respondent No. 4, had executed an agreement for sale in his favour and claimed protection of his possession under Section 53-A of the Transfer of Property Act 1882. The core legal question was whether the petitioner could invoke the doctrine of part performance under Section 53-A to protect his possession. The Supreme Court held that since the petitioner did not enter into possession of the property under or in terms of the contract/agreement for sale with respondent No. 4, he could not claim protection under the said provision. The Supreme Court found no force in the petition and dismissed it accordingly. The key principle laid down is that protection under Section 53-A of the Transfer of Property Act 1882 is not available to a party who did not obtain possession of the property under the terms of the agreement for sale.
- Can a person claim protection under Section 53-A of the Transfer of Property Act 1882 if possession was not obtained under the agreement for sale?
- Is a tenant entitled to deny the landlord-tenant relationship based on an unfulfilled sale agreement without entering possession pursuant to it?
- Section 53-A, Transfer of Property Act 1882
ORDER
NASIM HASAN SHAH, J.--This is a rent case. The petitioner had denied being a tenant under respondent No.3 on the ground that its original owner (respondent No.4 herein) had entered into an agreement for sale with him and his possession was protected under section 53-A of the Transfer of Property Act. However, as the petitioner did not enter into possession of the property under the terms of the contract or agreement with respondent No.4 it is evident that he could not claim the protection under section 53-A of the Act.
2. There is no force in this petition which is, accordingly dismissed.
Cited by 1 case
- KARIM BAKHSH And 2 Others vs QADRAT ALI And 20 OTHER 1999 CLC 967