2024 YLR 1845 KARACHI-HIGH-COURT-SINDH

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Dildar Khan VS Mst. Fatima Bibi S.15---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art. 114---Ejectment of tenant---Specific performance of agreement to sell---Petitioner was plaintiff/tenant in suit property and contended to be owner in possession on the basis of agreement to sell---Lower Appellate Court passed eviction order against petitioner on the basis of ejectment proceeding initiated by respondent / defendant / landlord---Validity---Original tenancy was not disputed and plaintiff/tenant took the defense that he had purchased the property through a sale agreement---Onus to prove a genuine and bona fide sale transaction was on plaintiff/tenant to avoid adverse consequences mentioned in Art. 114 of Qanun-e-Shahadat, 1984, [an estoppel]---Rule enunciated through judgments of Superior Courts was that in such a situation, first possession should be delivered to landlord and then tenant could contest his case for specific performance---High Court in exercise of Constitutional jurisdiction declined to interfere in judgment passed by Lower Appellate Court as no illegality was pointed out by plaintiff/tenant---High Court directed that demised premises should be vacated or writ of possession would be issued by Rent Controller acting as Executing Court---Constitutional petition was dismissed, in circumstances.