Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Constitution of Pakistan, Art.199---Constitutional petition---Ejectment of tenant---Default in payment of rent---Subletting of tenement---Pagri, payment of---Good-will agreement---Scope---Contention of landlord was that tenant had sublet the premises in question without his consent and he had defaulted in payment of rent---Ejectment petition was dismissed by the Rent Controller but same was accepted by the Appellate Court---Validity---Petitioners had no privity of contract with landlord and they had claimed their entitlement and possession over the demised premises due to a subsequent good-will agreement executed between them and original tenant---Said good-will agreement did not refer to previous good-will agreement which was initially executed between landlord and tenant---Demised premises was sublet to the petitioners by the tenant without any authorization---Concept of sub-letting of a tenement without consent of landlord by the tenant to some other person was alien to the provisions of Sindh Rented Premises Ordinance, 1979---Title of an immovable property or the right of possession, other than of a recognized tenant if disputed, had to be decided by the civil court whereas Sindh Rented Premises Ordinance, 1979 would cater only to the disputes arising between the landlord and tenant with regard to rented premises---Default in payment of rent was on record---High Court could not dilate upon the validity of purported good-will agreement---Amount of pagri had no legal effect and same had no bearing on rent proceedings---Parties would be at liberty to seek resolution of such dispute by filing appropriate proceedings before proper court of civil jurisdiction in accordance with law---Original tenant had not challenged the impugned passed by the Appellate Court---Petitioners were directed to hand over the vacant and peaceful possession of the demised premises within specified time---Constitutional petition was dismissed in circumstances. Dip Narian Singh v. Nageshar Prasad and others AIR 1930 All 1; Babasaheb Rahimsaheb v. Raja Ram Raghunat Alpe AIR 1931 Bom. 264; Muhammad Khalilur Rehman Khan v.…

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