2008 PLD 424 KARACHI-HIGH-COURT-SINDH

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Miss SHAISTA SHAMS VS Mst. SEEMA BEGUM 1990 CLC 1003, 2000 SCMR 556, 2002 CLC 1, PLD 1999 SC 1101, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S.15---Constitution of Pakistan (1973), Art, 199---Constitutional petition---Ejectment of tenant---Relationship of landlord and tenant---Agreement of sell---Tenant resisted ejectment petition on the ground of being owner of premises on the basis of execution of agreement to sell by landlord in her favour---Rent Controller allowed ejectment application and passed eviction order, which was maintained by Lower Appellate Court---Validity---After execution of sale agreement, no registered sale-deed was executed in favour of tenant by landlord, thus sale agreement , executed between both the parties had no legal value without registration of documents on the basis of sale agreement---Tenant admitted that she had not paid any rent to landlord since year, 1982---Unless and until registered sale-deed was executed between the parties, relationship of landlord and tenant existed between them---Tenant could not get benefit of sale agreement and 'avoid payment of rent---Orders passed by Rent Controller as well as by Lower Appellate Court were in accordance with the law and based on material available on record, hence both the orders did not require any interference by High Court---Petition was dismissed in circumstances.