Law: Sindh Rented Premises Ordinance, 1979

Section: 15(2)

Sindh Rented Premises Ordinance (XVII of 1979)---

----S.15(2)---Ejectment of tenant---Default in payment of rent---Denial of relation of landlord and tenant on the basis of an agreement to sell qua the demised premises---Admission of tenancy prior to execution of agreement to sell---Ejectment application filed by the landlord was allowed by the Rent Controllerand upon appeal preferred by the tenant the ejectment order was upheld by the Appellate Court---Held: Appellate Court rightly found that the petitioner was indeed the tenant of the property and relationship of landlord and tenant did exist between the parties and as per judgments of Supreme Court the execution of agreement to sell would not change the relationship of landlord and tenant until a decree for specific performance was obtained---Question of title could not be decided by the Rent Controller and no interest or even a charge could be created on the property in dispute on the basis of an agreement to sell--Tenant failed to point out any legal infirmity in the appellate judgment--Constitutional petition was dismissed, in circumstances.

Syed Imran Ahmed v. Bilal and others PLD 2009 SC 546 and Abdul Rasheed v. Maqbool Ahmed and others 2011 SCMR 320 rel.