DR. MUHAMMAD BASHIR QASIM vs GULZAR MEHMOOD — 2026 SCMR 321 SUPREME-COURT

Case information

Citation: 2026 SCMR 321 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: DR. MUHAMMAD BASHIR QASIM vs GULZAR MEHMOOD
Subject matter: Civil
Provisions referred to: Specific Relief Act (I of 1877)

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

DR. MUHAMMAD BASHIR QASIM VS GULZAR MEHMOOD. Ss. 15 & 16(1)---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Ejectment of tenant---Striking off defence---Declaration to title or specific performance of agreement to sell. Defence of petitioners / tenants was struck off due to failure on their part to deposit arrears of rent. Petitioners / tenants claimed to be owners in possession of premises on the basis of agreement to sell executed by respondent / landlord and suit for specific performance of that agreement to sell was pending adjudication. Validity. Ownership of the property was claimed and civil suits were pending. Only course available to petitioners / tenants was to pursue the civil suits and they had to vacate the premises in question. In case of any favourable judgment, petitioners / tenants could claim possession of the property afterwards but could not be allowed to continue possession of property. Respondent / landlord was successful in establishing relationship of landlord and tenant between the parties and that there was a default in complying with tentative rent order. Supreme Court declined to interfere in eviction order passed by all three Courts below, who were justified in striking off the defence of petitioners / tenants and directing them to vacate the premises and hand over peaceful possession to respondent / landlord. Petition for leave to appeal was dismissed and leave to appeal was refused.

Other judgments reported in 2026 SCMR

2026 SCMR 1063 SUPREME-COURTMUHAMMAD IMRAN VS ISHFAQ AHMED. Ss. 12 & 39---Suit for specific performance of agreement to sell---Agreement already cancelled by Court of c…
2026 SCMR 1056 SUPREME-COURTSALAMAT ALI VS State. S. 365-A---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7(e)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Kidnapping…
2026 SCMR 36 SUPREME-COURTMUHAMMAD ASHRAF ANJUM VS SABIR HUSSAIN Ss. 12 & 22---Contract Act (IX of 1872), S. 55---Suit for specific performance of agreement to sell--…
2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. Art.260---Service of Pakistan---Meaning…
2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. S.4(2) [as amended by Punjab Emergency…
2026 SCMR 966 SUPREME-COURTGHULAM ALI VS ALI SHER. Art.185(3)---Appellate jurisdiction of Supreme Court---Concurrent findings---Interference. Concurrent findings canno…

Back to the case-law library · Search Pakistani case law in Urdu or English