NASIR KHAN vs NADIA ALI BUTT S — 2024 SCMR 452 SUPREME-COURT

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NASIR KHAN VS NADIA ALI BUTT S. 2(g)---Ejectment petition---Landlady, status of---Suit for declaration filed by tenant to prolong his possession over the property---At the time of filing of ejectment petition on 22.04.2021 against the petitioner (tenant), the respondent was the 'landlady' within the meaning of section 2(g) of the Islamabad Rent Restriction Ordinance, 2001 (the Ordinance), because a court of competent jurisdiction on 17.10.2020, had declared her and another lady to be the legal heirs of the deceased owner of the property---Whereas person "A" (paternal uncle of deceased owner) had also obtained judgment and decree dated 02.06.2021 in respect of legal heirship of deceased owner and allegedly entered into a sale agreement with the petitioner (tenant) solely and exclusively in respect of the demised premises on 04.12.2020---Thus the suit for the specific performance filed by the petitioner (tenant) against person "A" on 05.05.2021 was later in time than the rent case filed by the respondent (landlady)---Person cannot remain in occupation of rented premises simply because he asserts to be the owner of the rented premises and has instituted a suit for declaration in this regard---Tenant remains a tenant; he cannot prolong his occupation by exercising his right of being subsequent purchaser unless so held by the court of competent jurisdiction---In the present case the Rent Controller was fully justified in allowing the ejectment petition and directing the petitioner to handover peaceful and vacant possession of the demised premises to the respondent---Petition for leave to appeal was dismissed and leave was refused.

NASIR KHAN vs NADIA ALI BUTT S — 2024 SCMR 452 SUPREME-COURT

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