2019 YLR 2013 KARACHI-HIGH-COURT-SINDH

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Chaudhary MUHAMMAD SALEEM VS Vth ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) Ss. 15 & 16---eviction petition---Denial of relationship of landlord and tenant by tenant---Non-compliance of tentative rent order---Effect---Petitioner/ landlord assailed the order of Appellate Court whereby while allowing the appeal of tenant it had set aside the orders passed by Rent Controller---Contention of tenant was that tentative rent could not be determined unless the issue of relationship of landlord and tenant was not decided---Validity---Plaint filed by tenant seeking specific performance of the alleged sale of demised premises in his favour was rejected and he had not challenged the said order---Tenant had attempted to establish his alleged right and title in respect of the premises but had failed in such attempt---Tenant had no other or further remedy in law to claim or enforce his alleged right or title in respect of the demised premises---Orders passed by Rent Controller for deposit of rent and then striking off the defence of tenant due to non-compliance of the said order were in accord with the law---Order passed by Appellate Court, being not sustainable in law, was set aside--- Constitutional petition was allowed.