2023 PLD 235 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YOUNUS BILLOO VS Mrs. PIYARI SADIQ WAHAB S.15---Specific Relief Act (I of 1877), S. 12---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment proceedings---Maintainability---Relationship of landlady and tenant---Specific performance of agreement to sell---Possession of premises---Part performance of agreement---Petitioner/tenant entered into agreement with respondent/landlady to purchase the demised premises---Respondent/landlady sought ejectment of petitioner/tenant on the plea of default in payment of monthly rent---Rent Controller and Lower Appellate Court concurrently passed eviction orders against petitioner/ tenant---Validity---Execution of 'sale agreement' was with consent of parties whereby both of them from their conduct proved termination of earlier rent agreement---Respondent/landlady herself accepted earlier paid advance monthly rent as part of sale consideration---Respondent/ landlady also received/accepted other amount as part of sale consideration---Such conduct and attitude of respondent/landlady affirmed execution of a valid sale agreement---Purchaser could only demand complete and perfect title in his favour by making final payment or least readiness of making such payment---High Court declared that possession of petitioner/tenant over premises was within the capacity of buyer and not that of 'tenant'---High Court set aside findings of two courts below regarding relationship of landlord and tenant between the parties as the same were not in accordance with law and ejectment application was dismissed---Constitutional petition was allowed, in circumstances.