ADAM KHAN vs GHULAM RASOOL S — 2023 CLC 129 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 129 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: ADAM KHAN vs GHULAM RASOOL S
Subject matter: Civil
Provisions referred to: S. 15---E

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ADAM KHAN VS GHULAM RASOOL S.15---Eviction petition---Relationship of landlord and tenant, denial of---Dismissal of suit for specific performance---Scope---Landlord sought eviction of his tenant on the grounds of personal need and default in payment of monthly rent---Rent Controller directed the tenant to deposit arrears of rent and also the future rent---On failure of tenant to comply with the tentative rent order his defense was struck off and he was directed to handover possession of the premises---Appellate Court set aside the eviction order by holding that the issue regarding the relationship of landlord and tenant between the parties had not been decided by the Rent Controller---Validity---Tenant had failed to establish his alleged title in respect of the demised premises as suit for declaration and specific performance filed by him was dismissed, which dismissal had attained finality---Tenant had no locus standi to question or challenge the title of the landlord in the rent case especially when he himself had admitted in his counter affidavit that he had agreed to purchase the demised premises from the landlord and had paid substantial part of the alleged sale consideration---Judgment passed by Appellate Court was set aside and the order of eviction passed by Rent Controller was restored.

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