Case Details

Citation(s)
2023 SLG 255 2023 SLD 255 2023 MLD 103
Sindh High Court, Sukkur Bench
Constitutional Petition No. S-929 of 2021, decided on 1stOctober, 2022.
NADEEM AKHTAR, J

Mst. SAMINA BEGUMvsMUHAMMAD HAQ NAWAZ KHAN and 2 others

Law: Sindh Rented Premises Ordinance, 1979

Section: 15

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Eviction petition---Relationship of landlord and tenant, denial of---Scope---If the tenant asserts that he is no more a tenant as he had purchased the rented premises, even then he has to vacate the premises and file a suit for specific performance of the sale agreement; he would be entitled to possession of the premises in accordance with law only if he succeeds in his suit; till such time the Civil Court passes a decree against the landlord in a suit for specific performance, the landlord would be entitled to recover rent; and, till the time that the tenant is able to establish his claim for specific performance on the basis of a sale agreement, the landlord would continue to enjoy the status of being owner and landlord of the premises, and till such time the relationship between the parties would be regulated by the terms of the tenancy.Haji Jumma Khan v. Haji Zarin Khan PLD 1999 SC 1101; Kassim and another v. S. Rahim Shah 1990 SCMR 647; Muhammad Iqbal Haider and another v. Vth Rent Controller/Senior Civil Judge, Karachi Central and others 2009 SCMR 1396; Syed Imran Ahmed v. Bilal…
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