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1994 SCMR 578

Ch. HAMID ALI vs Ch. REHMAT ALI and 5 others

Citation1994 SCMR 578
CourtSupreme Court of Pakistan
Case No.CA. No, 292 and C.R. No, 242-D of 1991 Civil Petition Nos. 214 of 1993
Date1993-06-26
Judge(s)Sajjad Ali Shah, Muhammad Afzal Lone, Shafi-ur-Rehman
ResultLeave granted

ORDER

' SAJJAD ALI SHAH, J.---Disputed shops are located in Islamabad and it is submitted that during the pendency of suit for eviction, rent was accepted by respondents/landlords by way of compromise, which amounted to waiver of action of ejectment. Suit was decreed granting eviction against which appeal and revision filed have been dismissed.

2. It is submitted on behalf of petitioner/tenant that in this case in the absence of application of rent law, section 113 of the Transfer of Property Act, 1982 would apply and our attention is drawn to the admission made by Ch. Rehmat Ali, one of the landlords in his deposition, wherein it is mentioned that rent was accepted as compromise had taken place between the parties. In support reliance is placed on PLD 1976 SC 718 (Messrs Rahman Cotton Factory v. Messrs Nichimen Co. Ltd.).

2. Leave is granted to examine the evidence brought on the record in the A light of contention mentioned above. Interim order of stay passed earlier shall continue till the disposal of appeal.

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