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1993 CLC 543 KARACHI-HIGH-COURT-SINDH

Sindh · 1993

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HUSSAIN ZAIDI VS ZAHEER UMER Sindh Rented Premises Ordinance 1979--22 , Sindh Rented Premises Ordinance 1979 S. 22---eviction in terms of compromise---Execution---Once an order of eviction had been passed and varied subsequently on compromise, same would remain order of eviction irrespective of its later modification and could be enforced in its varied version---Where relevant, agreed terms themselves and the order following thereupon alone would always furnish criteria to determine as to what was the effect of the culmination of proceedings in the manner agreed---Conditional order of eviction could be passed by consent---In appropriate cases even reprieve from or relaxation of conditions could lie allowed---Where reprieve against agreed conditions, if any, had been allowed or the terms of authenticated settlement constituted a fresh and independent agreement of tenancy, bereft of a conclusive order of eviction, execution thereof could be successfully resisted and fresh proceedings could lawfully be claimed but not otherwise.