2002 CLC 78 KARACHI-HIGH-COURT-SINDH

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MESSRS SHERANI BROTHERS VS MST. SARWAT AKHTAR Cantonments Rent Restriction Act 1963--24 , ----Ss. 17 & 24---eviction of tenant---Denial of relationship of landlord and tenant---eviction application filed by landlady was resisted by appellant on the ground that he was looking after the premises as attorney of his principal, who after purchasing same from landlady through agreement to yell, rented it out to his brother--Rent Controller Allowed the eviction application after holding her as landlady, respondent as her tenant and appellant as sub-lettee---Contention was that in suit pending between the parties, Civil Court had restrained appellant's eviction from premises except in due process of law---Validity---Application for eviction was permissible under law, as such judgment of Civil Court would not come in way of landlady for initiating proceedings as provided under S.17 of Cantonments Rent Restriction Act, 1963---Rent Controller being a Court of limited jurisdiction had no jurisdiction to determine the issue, whether landlady had agreed to sell the premises to principal of appellant---Suit filed by principal of appellant for specific performance of agreement to sell against landlady was dismissed under O.XVII, R.3, C.P.C., which judgment was not further challenged in appeal--Dismissal of such suit had falsified the plea taken by appellant that his principal was the owner/landlord---Finding recorded by Rent Controller was sound, proper and based on evidence on record---High Court dismissed appeal in circumstances.