2006 SCMR 1068 SUPREME-COURT

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BARKAT MASIH VS MANZOOR AHMAD 1983 SCMR 1064, Constitution of Pakistan 1973--185 , Specific Relief Act 1877--42 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ----S. 13---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan (1973), Art.185(3)---Ejectment of tenant---Declaratory suit, pendency of---Recovery of possession---Procedure---Relationship of landlord and tenant was denied by the tenant and civil suit for determination of rights of the parties was pending---Rent Controller passed eviction order which was maintained upto High Court---Plea raised by the tenant was that till the decision of civil suit, his possession could not be disturbed and he could not be ejected---Validity---If a tenant denies the proprietary rights of the landlord then he is bound to first deliver the possession of premises in question and then to contest his proprietary rights in the property and if ultimately he succeeds in getting relief from the Court and decree passed in his favour, only then he can enforce the same according to law with all its consequences--