| Citation(s) |
|---|
| 2025 SLG 3608 2025 SLD 3608 = 2025 SHC 1956 |
Constitution Petition No. S – 2602 of 2018
Mr. Justice Muhammad Jaffer Raza
Mr. Muhammad Mansoor Mir, Advocate
Dr. Muhammad Bashir Qasim through his legal heirs ……………..…………………………. Petitioners.
VERSUS
Gulzar Mehmood & others…………..……………… Respondents
Law: Sindh Rented Premises Ordinance, 1979
Section: 16(1),16(2)
Law: Transfer of Property Act (IV of 1882)
Section: 53-A
Law: Constitution of Pakistan, 1973
Section: 199
Summary
The petition challenges the judgment dismissing a rent appeal related to the eviction of the petitioner from rented premises under the Sindh Rented Premises Ordinance, 1979 (SRPO). The petitioner claimed ownership of the tenement through a sale agreement, while the respondent held a registered sale deed. The courts held that the petitioner failed to comply with the rent controller's earlier order and must vacate the premises despite pending civil suits concerning ownership. The law mandates that a tenant denying landlordship must vacate the property first and then pursue ownership claims in civil court. Rent controllers lack jurisdiction to determine ownership disputes, which are to be resolved by competent civil courts. The concurrent findings by the courts below were held lawful and not subject to interference.
Core Points
- The rent appeal resulted from an order under Section 16(2) of the Sindh Rented Premises Ordinance, 1979 directing eviction of the petitioner.
- The petitioner claimed ownership based on a sale agreement and pending suits for specific performance and cancellation.
- Respondent held a registered sale deed; the petitioner was found to be in possession as a tenant.
- Courts held that non-compliance with the order under Section 16(1) SRPO made the petitioner liable to eviction.
- Rent controllers cannot decide ownership or title disputes; such matters are exclusively for civil courts.
- Precedents (including Supreme Court judgments) emphasize tenant must vacate then contest ownership; tenancy continues until then.
- Concurrent findings of lower courts found lawful and beyond scope of interference under writ jurisdiction.
- Petitioner’s cited case laws were not applicable as they related to Transfer of Property Act matters, not tenancy disputes.
- Petition dismissed with no costs.
Law and Section Table
| Law/Statute | Section | Key Legal Principle/Provision |
|---|---|---|
| Sindh Rented Premises Ordinance, 1979 | Section 16(1) | Tentative order in rent matters; rent deposits safeguarded during proceedings. |
| Sindh Rented Premises Ordinance, 1979 | Section 16(2) | Order for eviction upon default or failure to comply with earlier orders. |
| Transfer of Property Act 1882 | Section 53-A (referred but not applicable) | Related to transfer of property but not tenancy/music jurisdiction. |
| Constitution of Pakistan | Article 199 | Limits writ jurisdiction of High Court in matters of concurrent factual findings. |
| Various Supreme Court Judgments (cited) | - | Tenant denying landlordship must vacate premises, then pursue ownership in civil court |
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