2019 YLR 1763 KARACHI-HIGH-COURT-SINDH

Full text

MUHAMMAD AKBAR ALI VS Mst. FATIMA BIBI S. 15---Ejectment of tenant---Sale agreement in favour of tenant---Effect---Contention of tenant was that she had sale agreement of demised premises in her favour---eviction petition was accepted by the Rent Controller but same was dismissed by the Appellate Court---Validity---Rent Controller could not adjudicate the dispute with regard to title of demised premises---Only Civil Court had jurisdiction to determine the veracity and effect of sale agreement and not a Rent Controller---Appellate Court observed that Rent Controller should have directed the parties to get the question of title decided by the competent Civil Court rather passing order of ejectment---Said observation of Appellate Court was contrary to law as Rent Controller was not bound to pass such advice or direction to the parties---Tenant had filed a suit for specific performance of contract but same did not debar the landlord from proceedings before Rent Controller---Mere pendency of a civil suit did not change the status of a tenant---Tenant could not claim continuity of his possession over demised premises due to pendency of civil suit---Tenant would remain tenant even if he entered into a sale agreement with regard to demised premises---Tenant could not continue his possession over the demised premises on the basis of sale agreement---Tenant was to vacate the demised premises and comply with the ejectment order and continue to establish his right before the competent Civil Court---Impugned order passed by the Appellate Court was contrary to law and was not sustainable---Order passed by the Appellate Court was set aside and that of Rent Controller was restored---Constitutional petition was allowed, in circumstances.