2013 YLR 344 KARACHI-HIGH-COURT-SINDH

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MUSLIM COMMERCIAL BANK LTD. VS ABDUL GHAFFAR 1980 SCMR 184, 1985 CLC 922, 1993 CLC 290, 1997 MLD 1030, 2001 CLC 690, 2001 SCMR 338, 2006 SCMR 152, 2011 CLC 633, PLD 1971 Lah. 610, PLD 1976 SC 781, PLD 1981 SC 246, PLD 1988 SC 190, Constitution petition--Term , Ejectment--TERM , Registration Act 1908--17 , Registration Act 1908--49 , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--2 , Ss.2(j) & 15(2)(ii) [as amended by Sindh Rented Premises (Amendment) Ordinance (XIV of 2011)]---Registration Act (XVI of 1908), Ss.17 & 49---Constitution of Pakistan, Art.199---Constitution petition---Ejectment---Ground of default in payment of rent for six (6) months and twenty (20) days after expiry of period of unregistered lease agreement requiring tenant to pay advance rent in lump sum on 11 months basis---Tenant's plea while denying such default was that lease agreement, being unregistered would not create any right, title or interest in demised premises---Validity---Tenant after expiry of period of such agreement had become a statutory tenant, thus, terms and conditions thereof relating to rate of rent, time and mode of its payment would remain alive---Tenant had not denied payment of advance rent for each 11 months in lump sum as per such agreement and past practice---Tenant had denied default on first date of hearing by filing written statement---Tenant had paid rent for disputed period through two pay orders with delay exceeding six months, thus, second proviso to S.15(2)(ii) of Sindh Rented Premises Ordinance, 1979 would not apply to the present case---Landlord had not sought enforcement of any right, title or interest on the basis of such unregistered agreement, but had sought eviction of tenant from demised premises---Right of ejectment for being statutory could be enforced in respect of terms specified in lease agreement---Relief of ejectment not being in nature of right or interest enforceable in accordance with lease deed---Unregistered document could be used and received for collateral purposes---Non-registration of lease agreement would not be relevant for disposal of appeal---Ejectment petition was accepted in circumstances.