Citation Name: 2025 YLR 652 KARACHI-HIGH-COURT-SINDHBookmark this Case Salahuddin Ahmed vs Khurram Sultan Abba

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Citation Name: 2025 YLR 652 KARACHI-HIGH-COURT-SINDHBookmark this Case Salahuddin Ahmed VS Khurram Sultan Abbasi Ss. 6, 17 & 24---Ejectment application---Change of ownership---Bona fide personal need---Denial of relationship of landlord and tenant---Tenant alleged that he entered into a sale agreement with previous owner of disputed premises and asserted payment of consideration and possession---There was pending suit for specific performance between the tenant and previous owner---Subsequent owner after issuance of notice qua change of ownership filed an application under S.17 of the Cantonments Rent Restriction Act, 1963 (Act), which was allowed by the Additional Controller of Rents---Contention of the tenant was that the Additional Controller of Rents had no jurisdiction to adjudicate upon the rent matter---Validity---Section 6 of the Act had laid down a scheme, whereby, the Controller of Rents is appointed by a notification in Official Gazette for one or more cantonments---Appellant had not disputed that the Additional Controller of Rents had been appointed through notification as stipulated in law, thus, the plea of appellant was a repelled---Ground on which the application under S.17 of the Act was filed by the respondent was related to his personal bona fide need and not default in payment of rent---Subsequent landlord/respondent in the application as well as affidavit in evidence had categorically stated that he had purchased the demised premises for his personal bona fide use, which assertion had not been controverted by the tenant in cross-examination of respondent---Instead, respondent had been asked questions regarding the suit filed by the tenant against the previous owner---Nothing rebutting the ground of personal bona fide use of respondent, had been propounded by the tenant through any oral or documentary evidence, thus, the case of respondent on the ground of personal bona fide stoodproved---As regards the case of appellant that he had purchased the property from previous owner, if the tenant succeeded in his suit for specific performance, he would succeed in acquiring possession of the property---Attorney of the tenant had admitted possession of the demised premises in the capacity of tenant and depositing the rent in the court,thus, no further proof in presence of such admission was needed to show the nature of relation of the landlord and tenant---First Rent Appeal was dismissed, in circumstances.

Citation Name: 2025 YLR 652 KARACHI-HIGH-COURT-SINDHBookmark this Case Salahuddin Ahmed vs Khurram Sultan Abbasi Ss — 2025 YLR 652 KARACHI-HIGH-COURT-SINDH

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