Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Specific Relief Act (I of 1877), S.12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Agreement to sell between landlord and tenant regarding tenanted property---Default in payment of rent by tenant---Ejectment petition filed by landlord---Suit for specific performance of agreement to sell filed by tenant--Petitioner/tenant entered into agreement with respondents/landlords for sale of rented property and it was agreed between the parties that till completion of sale-deed petitioner would keep paying monthly rent for premises---Petitioner defaulted in payment of rent whereupon respondents filed ejectment petition against petitioner---Petitioner in his reply to ejectment petition ,contended that as he had instituted suit for specific performance of agreement to sell against respondents, therefore, ejectment petition was not maintainable---Rent Controller passed ejectment order against petitioner---Appeal filed thereagainst was dismissed by lower Appellate Court---Validity---Agreement to sell not only established relationship of landlord and tenant between the parties till execution of sale-deed but the same also bound petitioner/tenant to pay the rent as agreed between both the parties---In view of petitioner's admission in his reply to ejectment petition that he was not liable to pay rent to respondents, petitioner was rightly declared by Rent Controller and lower Appellate Court as defaulter---Neither pendency of suit for specific. performance was an impediment in filing of ejectment petition nor agreement to sell between the parties could debar Rent Controller from holding petitioner as defaulter on the basis of his own admission-Constitutional petition was dismissed accordingly. Iqbal and 6 others v. Mst. Rabia Bibi and another PLD 1991 SC 242 and Wajid Ali Khan v. Sheikh Murtaza Ali and 2 others 2003 SCMR 1416 rel. ORDER MUHAMMAD ARSHAD JEHANGIR, J.---The petitioner seeks quashment of order dated 12-12-2005 passed by learned Rent Controller whereby ejectment petition filed by respondents Nos.3 and 4 was allowed directing ejectment of the petitioner from the…

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