2023 CLC 129 KARACHI-HIGH-COURT-SINDH

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ADAM KHAN VS GHULAM RASOOL S.15---Specific Relief Act (I of 1877), S.12---eviction petition---Suit for specific performance---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to vacate the premises and file a suit for specific performance of sale agreement; he would be entitled to possession of the premises in accordance with law only if he succeeds in his suit; till the time the civil court passes a decree against the landlord in a suit for specific performance, the landlord would be entitled to recover rent; and, till the time that the tenant is able to establish his claim for specific performance on the basis of sale agreement, the landlord would continue to enjoy the status of being owner and landlord of the premises, and till such time the relations between the parties would be regulated by the terms of the tenancy.