Law: Sindh Rented Premises Ordinance, 1979

Section: 15,16(1),16(2)

Law: Qanun-e-Shahadat Order, 1984

Section: 115

Summary

The Supreme Court dismissed the petition for leave to appeal, upholding the eviction orders against the petitioners who claimed ownership of the property but failed to comply with tentative rent orders under the Sindh Rented Premises Ordinance (SRPO), 1979. The Court emphasized that disputes regarding ownership must be resolved through civil suits, and a tenant must vacate premises before asserting ownership claims.

Core Points

• Petitioners claimed ownership through a sale agreement (1987) but tenancy admitted before this date.
• Property sale by Mst. Farida Bano (MFB) via attorney Muhammad Aslam (MA) to respondent Gulzar Mehmood (GM) (2001) was lawful; no stay was in place at the time.
• GM lawfully purchased the property and served notice under Section 18 SRPO; petitioners failed to respond or pay rent.
• Trial Court fixed tentative rent under Section 16(1) SRPO, which petitioners did not comply with.
• Defence struck off under Section 16(2) SRPO due to non-compliance, leading to orders for ejectment upheld by lower courts and High Court.
• Ownership dispute pending in civil suits; tenancy relationship and rent liability remain valid until civil court's final decision.
• Tenant must vacate property before litigating ownership claims; ongoing civil suits do not excuse non-payment of rent.
• Supreme Court relied on precedents confirming that failure to comply with rent orders results in losing defence rights.

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JUDGMENT