After renting a place it emerged that it belongs to someone else

Question

Question: Zayd rented from Bakr a place measuring 6×4 feet; knowing this, he made an “11/Hind agreement” (?) that Bakr was the owner of this place, and gave 200 rupees as a deposit. To have a wooden shop built on this place, Zayd gave Bakr a sum of 300 rupees on the promise that Bakr would return the 300 rupees to Zayd within a few months, but Bakr also put the 300 rupees into the deposit. A few months after the shop was completed, a notice from the Collector (the district head)

Answer

Zayd has not claimed to be the owner; rather, he is a tenant. At first he thought that this place and the shop belonged to Bakr; later, when Bakr denied his ownership before the judge, it became clear from this that the shop does not belong to Bakr.

Source: Fatawa Mahmudiyya

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