2021 MLD 1398 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASIF VS NASEEM BEGUM S.13---Specific Relief Act (I of 1877), S. 12---eviction petition---Pendency of suit for specific performance of agreement to sell---Effect---Petitioner/tenant assailed order passed by the courts below whereby he was directed to vacate the rented premises---Contention of petitioner was that he had purchased the property through sale agreement and handsome amount was paid by him---Validity---Admittedly, petitioner was inducted as tenant, hence his subsequent plea of having purchased the premises under sale agreement was of no help to deny relationship of landlord and tenant therefore, he always was obliged to honour the payment of rent once ordered under S.16(1), Sindh Rented Premises Ordinance, 1979---Success in his pending suit for specific performance would bring its own legal consequences which, however, till such determination could not be taken to deprive the Rent Controller to exercise legal discretion created by the law itself---Petitioner, being tenant, had no option except to vacate the premises when such order was passed in consequence to his failure in complying with lawful order of Rent Controller---Constitutional petition was dismissed.