1994 PLD 319 KARACHI-HIGH-COURT-SINDH

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ABDUL QAYYU VS MUHAMMAD AZIM Sindh Rented Premises Ordinance 1979--22 , -----S. 22---Execution of ejectme4 order---Objection to ---Tenant/judgment debtor, during pendency of execution proceedings against him, had filed application alleging that landlord/decree-holder had entered into fresh agreement of tenancy with him after receiving certain amount from him and had also been receiving rent from him according to fresh agreement of tenancy after issuing receipts of rent so received by him---Landlord totally denied factum of fresh tenancy agreement and tenant neither could produce receipts of amount allegedly received by landlord from him nor could produce receipts of rent received by landlord according to fresh agreement---Even if execution of alleged fresh agreement was to be assumed, same was invalid because it had failed to satisfy requirements of Explanation to S.22, Sindh Rented Premises Ordinance, 1979 which had provided that in execution proceedings relating to order of ejectment no payment, compromise or agreement would be valid unless such payment, compromise or agreement was made before or with permission of authority passing ejectment order---Essential precondition of alleged fresh agreement having not been satisfied it was rightly found that application of tenant, which was filed by him as a shield against eviction, was improper, mala fide and was filed only to protect himself against ejectment proceedings and to abuse process of Court.