2025 SCMR 1691 SUPREME-COURT

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SALAHUDDIN AHMED VS KHURRAM SULTAN ABBASI S. 15(2)(vii)---eviction petition---Relationship between landlord and tenant, denial of---Suit for specific performance with respect to suit property filed by the tenant---Effect---Where a tenant has entered into an agreement with the vendor and has purchased the demised premises, for which he has instituted suit for specific performance and he denies the proprietary rights of the landlord on the ground of agreement to sell then he (tenant) is bound to first of all deliver the possession of the premises in question and then to contest his proprietary rights in the property and if ultimately he (tenant) succeeds in his suit for specific performance he can then enforce the same---Moreover, in absence of any evidence in rebuttal of title of landlord, there would be a strong presumption of existence of tenancy between the parties.