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1990 SCMR 647 SUPREME-COURT

Supreme Court · 1990

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KASSIM VS RAHIM SHAH Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 ---S.15---Constitution of Pakistan (1973), Art.185(3)---eviction application--Landlord acquired right of ownership in property through sale-deed-Until saledeed was cancelled and was out of field, landlord could claim to have stepped into shoes of previous owner, entitled to recover the rent---Even if agreement of sale was executed by previous owner in favour of tenant on a prior date before registered sale-deed, the registered sale-deed would have precedence over the prior unregistered deed of agreement---Position would remain same till such time Civil Court passed decree against landlord in suit for specific performance pending in respect of property---Landlord, held, was entitled to recover rent--Decision of High Court maintaining eviction order was not interfered with.