2021 MLD 1613 LAHORE-HIGH-COURT-LAHORE

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NISHAN AHMAD alias ZEESHAN VS CIVIL JUDGE Ss.15 & 19---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Proof---Petitioner/tenant denied relationship of landlord and tenant on the plea that his suit for specific performance of agreement to sell was pending decision---Validity---Proceedings in suit for specific performance of agreement to sell were separate and could not be interlinked with proceedings conducted in rent matter, which had its own merit---If owner/landlord of a property was in personal need of his (rented) property, he/she could not be stand for along period until the decision of another subsequent separate proceedings---If petitioner / tenant would succeed in obtaining decree in his favour in suit for specific performance, he could agitate issue of restoration of possession of demised premises---Benefit of agreement to sell could not be extended to him until it stood proved by Court of competent jurisdiction---High Court declined to interfere in concurrent eviction order passed by Rent Tribunal and Lower Appellate Court---Constitutional petition was dismissed, in circumstances.