' The only contesting Respondent No, 3 has been proceeded against ex-parte on 14.10.2014 he has never attempted to join the proceedings at any subsequent stage.
2. In ex-parte arguments, the learned counsel for petitioner has contended that the Courts below on 11, 07.2011 and 18.05.2012 has proceeded to non-suit the petitioner in his ejectment petition filed against Respondent No, 3 on wrong presumption by believing that .a suit for specific performance of agreement to sell was pending before the Civil Court filed on behalf of Respondent No, 3 and according to the Courts below since the title in favor of the present petitioner was not perfect and unless the suit is decided no perfect title can be claimed by the petitioner qua the property in question.
3. The learned counsel for petitioner has referred the judgment and decree passed by the learned Civil Judge 1st Class, Gujranwala in Civil Suit No, 618/2009 dated 17.01.2013 which shows that the suit filed by present Respondent No, 3 seeking declaration that the transfer of the property in favor of the present petitioner was illegal and unauthorized and as a further relief a decree for specific performance of alleged agreement to sell was also prayed for, stood dismissed. The learned counsel for petitioner has stated at bar that according to his instructions said dismissal of the suit has never further been challenged by Respondent No, 3.
4. In defence to the ejectment petition, the only plea, as was raised, was the claim of Respondent No, 3 on the strength of the stated agreement to sell, the suit filed on the basis of said agreement has been dismissed as noted herein above, hence Respondent No, 3 has left with no defence to contest the ejectment petition. As already noted that contesting respondent has proceeded against ex-parte and since there is no defence or rebuttal to the arguments of the petitioner which otherwise carries weight and being uncontested, un-responded, the same were believed, therefore this petition is allowed, the impugned judgments dated 11.07.2011 and 18.05.2012 passed by the learned Courts below are set aside and the ejectment petition filed by the petitioner before the learned Rent Tribunal on 22.9.2010 is allowed.