2019 CLCN 9 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD FAROOQUE AQEEL AKBER VS JAVED AHMED Ss. 15 & 18---Qanun-e-Shahadat (10 of 1984), Art. 115---eviction of tenant---Wilful default--- Denial of relationship of landlord and tenant by tenant---Estoppel---Scope---Petitioner/tenant contended that he had purchased the demised shop from the previous owner---Respondent contended that he sent notice under S. 18 of the Sindh Rented Premises Ordinance, 1979 when he purchased demised property---Validity---Tenant in his written statement had admitted that originally the demised shop was with him on rent since the year 1971, but later on he purchased the same through registered sale deed in the year 1995---Said sale deed did mention the description of the demised shop---Purchase by the tenant was yet to be proved before Civil Court where the suit filed by him was still pending---Since tenant had admitted that originally the demised shop was with him on rent, hence until and unless the suit filed by the petitioner was finally decreed in his favour, he was a tenant of the premises under Art. 115 of Qanun-e-Shahadat, 1984---Appellate Court had found existence of tenancy, initially at the time of occupation of the demised shop had estopped the petitioner from questioning the title of the landlord---Tenant could not be allowed to challenge the title of landlord---Landlord, admittedly, issued notice under S. 18 of the Sindh Rented Premises Ordinance, 1979 to the tenant after change of the ownership and the same was also replied by the tenant denying the relationship---Claim of the ownership of tenant was not yet established due to pendency of civil suit---Tenant had originally occupied the demised shop as tenant, hence relationship of landlord and tenant existed between the respondent and the tenant---Rent Controller had no jurisdiction to decide the intricate question of title---No illegality or infirmity having been noticed in the impugned orders passed by the two courts below, constitutional petition was dismissed accordingly.