Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.18---Notice---Scope---Such notice by itself does not create tenancy between the parties. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Mutation---Scope---Mutation is not a conclusive proof of title. Tahir Ikramullah and 29 others v. Mst. Zubaida Khanum 2002 MLD 334 rel. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S.15---Transfer of Property Act (IV of 1882), S.53-A---Constitution of Pakistan, Art.199--- Constitutional petition---Ejectment of tenant---Part performance, principle of---Applicability---Petitioner claimed to have purchased premises in question from its owner and sought ejectment of tenant---Validity---Merely by entering into agreement of sale, petitioner did not acquire any title to demised premises nor doctrine of part performance in terms of section 53-A of Transfer of Property Act, 1882, applied---Petitioner only could get a right to compel the other party to execute a "sale deed" in respect of property---Unless and until such "sale deed" was actually executed by owner, who had entered into such contract, petitioner could not be said to have acquired any ownership over the property---Petitioner failed and or avoided to produce alleged agreements of sale in evidence---Petitioner failed to point out any significant portion of evidence which was not considered by two Courts below---Question of non-reading and or mis-reading of evidence did not arise---Petitioner failed to prove his ownership or entitlement for receiving of rent---High Court declined to interfere in orders passed by two Courts below---Petition was dismissed in circumstances. Baboo Din v. Nasroo 1995 MLD 1460; Rafiq Ahmad through General Attorney v. Rent Controller, Jacobabad and 3 others 2006 CLC 989; Mst. Surayia Begum v. Sardar Saeed Ullah 2006 CLC 994; Qaimuddin v. Ghulam Shah 1993 CLC 336; Messrs Habib Bank Ltd. v. Sultan Ahmed and another 2001 SCMR 678; Mehboob Akber Alvi v. Mst. Ayesha sultana 1998 CLC 894; Hameed and 3 others v. Jitendra and 2 others 2010 CLC 561; Habib Khan v. Haji Haroon-ur-Reshid 1989 CLC 783 and Qamar Zaman v. IInd Additional District Judge, Karachi and another 2008…

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