2026 SCMR 321 SUPREME-COURT

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Dr. MUHAMMAD BASHIR QASIM VS GULZAR MEHMOOD Ss. 15 & 16(1)---Specific Relief Act (I of 1877), Ss. 12, 42 & 54---Ejectment of tenant---Striking off defence---Declaration to title or specific performance of agreement to sell---Defence of petitioners / tenants was struck off due to failure on their part to deposit arrears of rent---Petitioners / tenants claimed to be owners in possession of premises on the basis of agreement to sell executed by respondent / landlord and suit for specific performance of that agreement to sell was pending adjudication---Validity---Ownership of the property was claimed and civil suits were pending---Only course available to petitioners / tenants was to pursue the civil suits and they had to vacate the premises in question---In case of any favourable judgment, petitioners / tenants could claim possession of the property afterwards but could not be allowed to continue possession of property---Respondent / landlord was successful in establishing relationship of landlord and tenant between the parties and that there was a default in complying with tentative rent order---Supreme Court declined to interfere in eviction order passed by all three Courts below, who were justified in striking off the defence of petitioners / tenants and directing them to vacate the premises and hand over peaceful possession to respondent / landlord---Petition for leave to appeal was dismissed and leave to appeal was refused.