2018 MLD 1649 KARACHI-HIGH-COURT-SINDH

Full text

NAYAB ALI VS Mst. HAMEEDA BANO 1983 SCMR 1064, 1991 CLC 1364, 1991 SCMR 1376, 1991 SCMR 215, 2001 SCMR 338, 2013 YLR 2526, PLD 2009 SC 546, S. 15---eviction petition---Wilful default in payment of monthly rent---Pendency of civil suit for specific performance filed by the tenant---Effect---Personal bona fide need---Scope---Petitioner/tenant contended that he entered into sale agreement of rented premises with the predecessor of the landlord---Respondent/landlord contended that both the Courts below had rightly passed eviction order in wake of wilful default and personal bona fide need---Validity---Held, that sale agreement did not create any interest or confer any title on the person in whose favour such agreement was executed, therefore, the petitioner on the basis of a sale agreement could not restrain the owner of the subject premises from claiming their legal right arising out of the said property---No proceedings before the Rent Controller could be stopped to wait for the final out-come of the civil suit for specific performance---When eviction application against tenant had been filed by the landlord, the former was no more a tenant---When tenant took up the plea of purchase of the subject property he must vacate the subject property and file a suit for specific performance of the sale agreement---If, however, the tenant would succeed in the suit ,he could be given easy access to the subject premises---When the petitioner was denying the relationship of landlord and tenant which meant that he had not paid the rent---When landlord had made statement of personal bona fide need of the premises which was not rebutted in cross-examination, the burden on the part of landlord stood discharged---Even sole testimony of the landlord was sufficient to establish its personal bona fide need of rented premises if the statement of the landlord on oath was consistent with his averments made in the eviction application---No illegality or infirmity having been noticed in the impugned orders passed by both the Courts below, Constitutional petition was dismissed accordingly.