| Citation(s) |
|---|
| 2011 SLG 1358 2011 SLD 1358 2011 SCMR 320 |
Supreme Court of Pakistan
C.P.L.A. No. 244-K of 2009, decision dated: 20-05-2009. (On appeal from order of High Court of Sindh, Karachi dated 3-2-2009 passed in Constitutional Petition No. S-1 of 2009)
ZIA PERWEZ, SYED ZAWWAR HUSSAIN, JAFFERY AND SARMAD, JALAL OSMANY, JJ
Anwar Hussain, Advocate Supreme Court for Petitioner. Ahmadullah Farooqui, Advocate Supreme Court for
Respondent. Nemo for
Respondents
C.P.L.A. No. 244-K of 2009, decision dated: 20-05-2009. (On appeal from order of High Court of Sindh, Karachi dated 3-2-2009 passed in Constitutional Petition No. S-1 of 2009)
ZIA PERWEZ, SYED ZAWWAR HUSSAIN, JAFFERY AND SARMAD, JALAL OSMANY, JJ
Anwar Hussain, Advocate Supreme Court for Petitioner. Ahmadullah Farooqui, Advocate Supreme Court for
Respondent. Nemo for
Respondents
ABDUL RASHEED-
VS
MAQBOOL AHMED and others
Law:
Section:
(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Ejectment petition---Denial of relationship of landlord and tenant between parties---Tenant's plea to have purchased demised premises later on through sale agreement---Validity---Tenant in such circumstances had to vacate premises and file suit for specific performance of sale agreement, whereafter he would be given easy access to premises in case he prevailed. Khalil-ur-Rehman v. Talizar Khan PLD 1992 SC 442; Ghulam Rasool v. Khurshid Ahmed 2000 SCMR 632; Jumma Khan y. Zarin Khan PLD -1999 SC 1101 and Iqbal v. Rabia Bibi PLD 1991 SC 242 ref. Shameem Akhtar v. Muhammad Rashid PLD 1989 SC 575; Mst. Azeemun Nisar Begum v. Mst. Rabia Bibi PLD 1991 SC 242; Muhammad Rafique v. Messrs Habib Bank Ltd. 1994 SCMR 1012 and Mst. Bor Bibi v. Abdul Qadir 1996 SCMR 877 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15 & 16(2)---Ejectment petition---Denial of relationship of landlord and tenant between parties---Tenant's plea to have purchased demised premises subsequently through sale agreement---Striking off defence of tenant by Rent Controller for not complying with tentative rent order---Validity---Enquiry by Rent Controller for determining such relationship was of a summary nature---Tenant had taken premises on rent, but its subsequent purchase by him was denied by landlord---Tenant in such circumstances had to vacate premises and file suit for specific performance of sale agreement, whereafter he would be given easy access to premises in case he prevailed---Relationship between parties for purposes of jurisdiction of Rent Controller stood established ---Rent Controller in tentative rent order had carried out such summary exercise and decided relationship between parties to exist---Question of title could never be decided by Rent Controller---Supreme Court upheld ejectment order passed concurrently by Courts below and High Court. Khalill-ur-Rehman v. Talizar Khan PLD 1992 SC 442; Ghulam Rasool v. Khurshid Ahmed 2000 SCMR 632; Jumma Khan v. Zarin Khan PLD -1999 SC 1101 and Iqbal v. Rabia Bibi PLD 1991 SC 242 ref. Shameem Akhtar v. Muhammad Rashid PLD 1989 SC 575; Mst. Azeemun Nisar…
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