Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ---Ss. 16 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---Compromise between landlord and tenant before the court---Scope---Ownership of tenement in possession of tenant had not been conferred upon him---Mere taking plea of denial of tenancy was not enough to take away the jurisdiction of Rent Controller to pass tentative rent order---Tenant would continue to be tenant unless he established his ownership rights conferring title on him---Rent Controller had passed order for payment of arrears of rent and future rent that same would be subject to withdrawal after final /order and interest of tenant had been secured---Tenant had willfully disobeyed the tentative rent order---Tenant knowing the penal consequences of non-compliance of tentative rent order should have deposited the rent in the court instead of putting his claim of ownership at risk and physical possession from the tenement---Compromise before Rent Controller could not be termed as absolute transfer of ownership right in favour of tenant nor terms of compromise could be enforced against landlord in a fresh round of litigation before Rent Controller---Compromise was not enforceable through Rent Controller and same could not be defence to deny payment of rent to the owner---Tenant should have file a suit for specific performance of contract/ compromise to enforce terms of the same---Compromise between the parties before the court was not more than a mere contract and a breach of the same would give rise to fresh cause of action and fresh suit could be filed by an aggrieved person for redressal of his grievance---Tenant could not be allowed to enjoy the tenement as an absolute owner pending the case on the grounds that landlord had promised to transfer the title in his favour---Constitutional petition was dismissed in circumstances. Peer Dil v. Dad Muhammad 2009 SCMR 1268 rel. THIS ORDER PASSED BY: NAZAR AKBAR, J.--- This constitutional petition is directed against concurrent findings of ejectment of the petitioner from office No.AF-35 on Shop No.4,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492