Law: Sindh Rented Premises Ordinance, 1979

Section: 15

Law: Specific Relief Act, 1877
Section: 12
Law: Qanun-e-Shahadat (10 of 1984)
Section: 114
Sindh Rented Premises Ordinance (XVII of 1979) (I of 1877)---

----S.15---Specific Relief Act (I of 1877), S.12---Qanun-e-Shahadat (10 of 1984), Art. 114---Ejectment of tenant---Specific performance of agreement to sell---Petitioner was plaintiff/tenant in suit property and contended to be owner in possession on the basis of agreement to sell---Lower Appellate Court passed eviction order against petitioner on the basis of ejectment proceeding initiated by respondent / defendant / landlord---Validity---Original tenancy was not disputed and plaintiff/tenant took the defense that he had purchased the property through a sale agreement---Onus to prove a genuine and bona fide sale transaction was on plaintiff/tenant to avoid adverse consequences mentioned in Art. 114 of Qanun-e-Shahadat, 1984, [an estoppel]---Rule enunciated through judgments of Superior Courts was that in such a situation, first possession should be delivered to landlord and then tenant could contest his case for specific performance---High Court in exercise of Constitutional jurisdiction declined to interfere in judgment passed by Lower Appellate Court as no illegality was pointed out by plaintiff/tenant---High Court directed that demised premises should be vacated or writ of possession would be issued by Rent Controller acting as Executing Court---Constitutional petition was dismissed, in circumstances.

Alloo v. Sher Khan and others, PLD 1985 SC 382; Muhammad Ikhlaq v. Sheikh Muhammad Saeed 1991 CLC 2064; Abdul Majid (Represented by Legal Heirs) v. Dr. Din Muhammad (Represented by Legal Heirs) 1980 CLC 513; Ashiq Ali and 3 others v. Muhammad Hashim and 8 others 1984 MLD 951; Muhammad Muzaffar Khan v . Muhammad Yusuf Khan PLD 1959 SC 9; Sheikh Muhammad Muneer v. Mst. Feezan PLD 2021 SC 538 and Sajjad Ahmed Khan v. Muhammad Saleem Alvi and others 2021 SCMR 415 ref.