2008 CLC 87 KARACHI-HIGH-COURT-SINDH

Full text

SHAHID MEHBOOB VS MUHAMMAD ISMAIL 1980 CLC 1442, 1984 CLC 71, 1984 SCMR 741, 1988 CLC 402, 1996 SCMR 877, 2000 CLC 184, 2000 YLR 2392, 2001 CLC 1029, PLD 1990 SC 382, PLD 1991 SC 242, PLD 1999 SC 1101, Cantonments Rent Restriction Act 1963--17 , Ejectment of Tenant--TERM , Specific Relief Act 1877--12 , S. 17---Specific Relief Act (I of 1877), S.12---Ejectment of tenant---Specific performance of agreement to sell---Pendency of civil suit--Landlord sought recovery of premises on the ground of bona fide personal need for his son and default in payment of monthly rent---Tenant denied relationship of landlord and tenant and claimed to be in possession of premises as part performance of agreement to sell--- Rent Controller allowed ejectment application and eviction order was passed against tenant---Validity---Tenant could not deny title of ownership of landlord who put him into possession of demised premises as its tenant---Until and unless such tenant had got decree from competent civil court, finally determining him to be entitled to decree of specific performance of contract for demised premises, he could not deny status of landlord in disputed premises---As and when such decree was passed in favour of tenant, he would then be allowed to apply for possession of disputed premises---Ejectment application could not be taken to be not maintainable simply for the reason that suit for specific performance of contract was pending trial before competent civil court---Rent Controller had rightly allowed ejectment application filed by landlord---High Court in exercise of appellate jurisdiction maintained eviction order passed by Rent Controller---Appeal was dismissed in circumstances.