2011 MLD 860 KARACHI-HIGH-COURT-SINDH

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JAWAID MASAUD AHMED KHAN VS ISLAMUDDIN Specific Relief Act 1877--12 , Specific Relief Act 1877--42 , Specific Relief Act 1877--54 , Ss. 12, 42 & 54---Suit for declaration, specific performance and permanent injunction---Application for injunctive order---Plaintiff who was tenant of suit property, claimed to have entered into agreement for purchase of suit property with its owner/landlord for consideration---Legal heirs of deceased owner of suit property denied execution of sale agreement between their- deceased father and the plaintiff---Plaintiff within the period stipulated in the disputed agreement to sell had not made payment of the balance sale consideration in order to demonstrate on his part his readiness and willingness to perform his part of the alleged bargain, if at all an agreement to sell existed---Plaintiff had prayed for injunctive order directing the defendants not to eject the plaintiff from the suit property till the suit was finally decided---Agreement to sell had clearly shown that plaintiff was entitled to occupy the suit property only in his capacity as tenant; and was obliged to pay the monthly rent---Constructive possession pursuant to the sale was to be handed over to the plaintiff at the time of finalization of the transaction---Occupation of the suit property by the plaintiff, in circumstances was only in his capacity as tenant and not pursuant to the agreement to sell---Plaintiff, in circumstances, was not entitled to occupy the suit premises under disputed agreement to sell which however, would not debar the plaintiff to occupy the suit premises as tenant, which was to be regulated by the relevant laws---Right of the owners to seek eviction of the plaintiff on account of committing default in the payment of rent, could not be taken away when occupation of the plaintiff was in the capacity as tenant---Application of the plaintiff for injunctive order, was dismissed---Authenticity of the sale agreement was to be determined when the parties would adduce evidence in the case.