2012 YLR 438 KARACHI-HIGH-COURT-SINDH

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BILAL VS VITH A.D.J. (South), Karachi 1985 CLC 1606, 1985 CLC 3018, 1992 SCMR 1149, 1999 MLD 3031, 2011 SCMR 320, Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--16 , Ss.16(1) & (2)---Constitution of Pakistan, Art. 199---Constitutional petition---Specific performance of agreement to sell---Denial of relationship of landlord and tenant---Striking off defence---Tentative rent, non-deposit of---Tenant denied relationship of landlord and tenant between the parties, therefore, he did not deposit tentative rent---Rent Controller passed eviction order against tenant, which order was maintained by Lower Appellate Court---Validity---Order passed by Rent Controller though was restored by Supreme Court but tenant did not comply with tentative rent order, therefore, Rent Controller was justified to pass order under section 16 (2) of Sindh Rented Premises Ordinance, 1979---Tenant, from initial stage of proceedings, denied relationship of landlord and tenant between the parties and took a plea that property, which was subject matter of proceedings, had been purchased by his brother from landlord and in such respect civil suit for specific performance had been filed---Held, in case of denial of relationship of landlord and tenant, the tenant had to vacate the premises and file a suit for specific performance of contract whereafter he would be given easy access to the premises in case he prevailed---Order passed under section 16(1) of Sindh Rented Premises Ordinance, 1979, by Rent Controller was restored by Supreme Court and tenant was bound to comply with the order but he did not deposit a single penny in respect of rent arrears or future rent---High Court declined to interfere in eviction order passed by two courts below--Petition was dismissed in circumstances.