2021 CLC 1780 KARACHI-HIGH-COURT-SINDH

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AQSA JAWED VS MUHAMMAD HASSAN S.15---eviction petition---Denial of relationship of landlord and tenant---Pendency of civil suit---Landlord, an ostensible owner---Scope---Petitioner/landlady assailed the concurrent dismissal of her ejectment petition---Main arguments advanced by the tenant were denial of relationship of landlady and tenant between the parties and pendency of suit for declaration, cancellation, permanent and mandatory injunction against the landlady and others---Validity---Institution of civil suit by the tenant did not per se merit dismissal of eviction petition---Relationship of landlady and tenant was not severed even if the execution of sale deed/agreement to sell was admitted---Tenant was not absolved of his responsibility of payment of arrears and future rent---Courts below had failed to appreciate that the landlady was owner of the subject property and had sent notice to the tenant under S.18 of the Sindh Rented Premises Ordinance, 1979---Landlady as a last resort had rightly instituted the application for eviction of tenant---Proceedings before the Rent Controller could not be stopped to wait for the final outcome of a suit for declaration---Tenant, in such circumstances, had to vacate the subject property and if he succeeded in obtaining a decree in the suit then he could be given easy access to the subject premises---Constitutional petition was allowed, in circumstances, orders passed by courts below were set aside and the tenant was directed to vacate the suit premises.