Iqrar Nama (Agreement to Sell) and Section 10

Section 10 makes it very clear that if the tenancy predates the agreement to sell, the agreement to sell has no effect on an eviction application. The tenant cannot say that because he has filed a suit and obtained a stay order in it, he cannot be evicted under this law — Section 10 states in very clear words that even if he brings an order from the Supreme Court, it will have no effect on his claim either, because this law was passed by Parliament, and no one can go against this law — not even the Supreme Court of Pakistan. If your lawyer is delaying this case, tell your lawyer:

1. If this agreement to sell has no effect on my eviction, then why has it taken this long to evict him?
2. The law says that an agreement to sell is an agreement regarding the sale of property — it has no legal status, it does not create any rights over the land until it is completed [i.e. until the sale is finalized]. An agreement to sell in respect of land has no standing on its own; it is a promise between two parties that they will fulfil this promise. If one party does not, the other party goes to court — they may fight for twenty years, fifteen years, ten years. If you have filed an eviction application and the other side has filed a response, the court only has to look at one point:

Does a relationship exist — between the tenant and the landlord? The answer to that is no, because when the agreement to sell is being made with you, it means he is not the owner of that property — he is acknowledging you as the owner, and you hold a tenancy agreement, so he is acknowledging himself as the tenant. When this relationship exists, then the law comes into play: did he pay the rent regularly or not — if not, he must vacate.

I would advise you to carefully read through all your documents and consult your lawyer in detail. Read the files of such a case yourself, so that no one can keep you in the dark.