1998 PLD 133 KARACHI-HIGH-COURT-SINDH

Full text

MAHMOOD ELAHI FAROOQI VS UNITED BANK LTD. 1991 CLC 92, 1993 CLC 543, 1995 MLD 429, PLD 1994 Kar. 319, Sindh Rented Premises Ordinance 1979--22 , S. 22---Ejectment or tenant ordered by Rent Controller---Subsequent to ejectment order, agreement of tenancy effected between landlord and tenant whereby tenant was let out premises on enhanced rent---Landlord's application for execution of eviction was dismissed by Rent Controller on basis or subsequent agreement of tenancy---Validity---Execution of subsequent lease deed could not be treated as shield to execution of ejectment order lawfully made by Rent Controller and maintained by High Court by dismissing tenant's appeal--Subsequent lease deed would not operate so as to negate legal validity of order passed by Rent Controller keeping in view explanation to S.22, Sindh Rented Premises Ordinance, 1979, whereby no compromise/agreement would be valid unless such compromise or agreement was made before or with the permission of Authority passing order of ejectment ---Agreement lacking such characteristics would be of no consequence so as to bar execution of order of ejectment.