2019 CLC 85 KARACHI-HIGH-COURT-SINDH

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AMIR VS NASIR AHMED S.15---eviction petition---Wilful default---Tenant denied relationship of landlord and tenant---Scope---Pendency of suit for specific performance of agreement to sell regarding the subject premises---Effect---Rent Controller---Jurisdiction---Scope---Petitioner / tenant contended that till final decision of pending civil suit, Rent Controller had no jurisdiction to entertain the eviction petition of the landlord---Respondent/landlord contended that owing to wilful default in payment of rent two courts below had rightly ordered eviction of the tenant---Validity---Mere denial of relationship of landlord and tenant between the parties and pendency of civil suit for specific performance of contract did not take away jurisdiction of the Rent Controller to entertain Rent Case as sale agreement did not create any interest or confer any title on the person in whose favour such agreement was executed---Proceedings before Rent Controller could not be stopped to wait for the final outcome of the civil suit---If tenant would succeed in obtaining decree in the civil suit, he could have access to the subject premises---Tenant had not paid the rent while claiming purchase of the subject premises in the year 1999, therefore, Rent Controller had rightly found that the tenant had committed wilful default in payment of rent---No illegality or infirmity having been noticed in the impugned orders passed by the Two Courts below, Constitutional petition was dismissed accordingly.