Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 7(1)---Tenancy agreement---Illegal occupation by landlord---Interim relief---High Court, powers of---High Court giving tenant possession of property as interim relief pending disposal of complaint before the Trial Court---Legality---In its High Court had noted that certain goods and immovable articles of the tenant were lying in the property occupied by the landlord, and the same were handed over to the tenant on the orders of the Trial Court, which supported the contention of the tenant that the landlord had illegally occupied the property in question---Impugned of the High Court called for no interference in such circumstances---Petition for leave to appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: KHILJI ARIF HUSSAIN, JUSTICE:----------------- The petitioners impugns the judgment passed by a learned Single Judge in Chambers of High Court of Sindh at Karachi, whereby the learned Judge while remanding the case directed that the possession of the shop in question be handed over to respondent within 15 days either by the petitioners themselves and/or whoever is in possession of the demised shop through the petitioner and on their failure the Nazir of District Court (Central) Karachi with police aid put the respondent in possession. 2. Brief facts to decide the instant petition are that the petitioners are owner/landlord of the shop situated at ground floor of Plot No.85/5 Chota Maidan, Nazimabad, Karachi (hereinafter referred to as the property in question) and the said shop was let on to respondent firstly by their late father and after demise of their father the petitioners entered into tenancy agreement with respondent on 29th January, 2013. The petitioner alleged that the respondent under an agreement of tenancy was liable to pay rent and other utility charges which he failed to pay and that the respondent had executed an affidavit dated 7.1.2014 undertaking to pay the outstanding dues by January, 2015. 3. Learned counsel for the petitioners contended that on failure of the respondent to pay the rent and the utility charges the respondent left the shop and in these circumstances they occupied the…

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