Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Title of demised property on the basis of agreement to sell---Scope---Ejectment application and appeal filed by landlord were dismissed by Rent Controller and Lower Appellate Court respectively, on the ground that there was no relationship of landlord and tenant between the parties and possession of tenant was on the basis of agreement to sell---Validity---Agreement of sale did not create any title, therefore, without determination of such title by Civil Court, findings of Rent Controller were pre-matured and resulted into miscarriage of justice---Tenant could not prove execution of sale agreement as suit for specific performance was dismissed and no appeal was preferred---Rent Controller on the basis of mere agreement of sale could not hold that there existed no relationship of landlord and tenant unless a suit for specific performance was decreed by civil court---No clause of agreement could be relied upon, when the agreement itself was not proved by tenant as suit for specific performance was dismissed---Petition was allowed in circumstances. Shakeel Ahmed v. Muhammad Tariq Farogh 2010 SCMR 1925; Niaz Mohy-ud-Din v. Muhammad Yar 1994 CLC 1628; Sh. Abdur Rashid v. Sh. Mubarik Ali and others 1994 CLC 1617 and Hikmat Khan v. Shamsur Rehman 1993 SCMR 428 distinguished. Aleem-ud-din v. Muhammad Saleem 1991 SCMR 850; Kassim v. S. Rahim Shah 1990 SCMR 647 and Sh. Manzoor Ahmad v. Mst. Iqbal Begum 1989 SCMR 949 rel. (b) Transfer of Property Act (IV of 1882)--- ----S. 53-A---Part performance of agreement of sale---Scope---Provision of S.53-A of Transfer of Property Act, 1882, is recognized as defence against suit for possession filed by purported owner---Person occupying premises in part performance of agreement of sale can defend his possession pursuant to S.53-A of Transfer of Property Act, 1882. Arshad S. Pathan for Petitioner. Rafiq Ahmed for Respondents. Date of hearing: 3rd October, 2013. ORDER MUHAMMAD SHAFI SIDDIQUI, J.--- This petition is the outcome of the rent proceedings filed under section 15, and appeal…

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