2022 CLC 1193 PESHAWAR-HIGH-COURT

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MUHAMMAD RIZWAN VS Syed TAHIR ABBAS SHAH S.13---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art.115---eviction of tenant---Estoppel of tenant in possession---Deposit of rent in Court---Suit for specific performance, pendency of---Effect---Petitioner (tenant) assailed order passed by Rent Controller whereby respondent's (landlord's) application for direction to the tenants to deposit monthly rent of the shop in the Court, was accepted---Contention of petitioner was that his father had entered into an agreement to sell with the respondent and suit for specific performance was also pending adjudication in that respect---Validity---Title of the demised premises was still in the name of respondent and it was not transferred in favour of the petitioner, therefore, it could not be claimed that the respondent had sold the demised premises---Even the petitioner could not claim with conviction that he would succeed in his suit as specific performance could not be claimed as a matter of right and it was the discretion of the Court to grant or refuse the same which discretion was to be exercised by the Court keeping in view the facts and circumstances of each case---Petitioner could not point out any illegality or jurisdictional error in the impugned order calling for interference by the Court, as such, the same was upheld---Constitutional petition was dismissed.