2012 YLR 2354 KARACHI-HIGH-COURT-SINDH

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Mst. FATIMA VS Mst. SHARIFA BAI Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--16 , S.16---Constitution of Pakistan, Art.199---Constitutional petition---eviction of tenant on ground of default in payment of rent---Tenant (petitioner) assailed orders of the Appellate Court whereby he was directed to vacate the premises---Validity---Petitioner, had for the first time, asserted ownership of the premises after filing of the case by filing of suit for specific performance and permanent injunction which was dismissed by civil court---Unless and until the tenant could establish her title in the premises, which she had failed to do, tenant would be deemed to be the tenant and she was bound under law to make payment of rent and in default was to face the consequences of such default, that included eviction---Mere agreement to sell did not constitute any title in favour of the parties thereto, and a registered conveyance deed was a must, which was admittedly not available with the tenant or on the record---Constitutional petition was dismissed.