Law:

Section:

(a) Sindh Rented Promises Ordinance (XVII of 1979)-------S. 15---Qanun-e-Shahadat (10 of 1984), Art.115---Constitution of Pakistan (1973), Art.185---Appeal to Supreme Court---Ejectment application on the grounds that respondent was in possession of disputed property as tenant and had failed to pay regular monthly rent and also defaulted in payment of maintenance charges and other taxes--Respondent contested the ejectment application, denying the averments in the application, taking plea that he had purchased disputed property from the appellant through an agreement to sell for which suit for specific performance was pending therefore, relationship of landlord and tenant did not exist between the parties and ejectment application was not maintainable---Validity---Held, mere pendency of civil suit in court can not defeat, prima facie, established title for purpose of cases under Sindh Rented Premises Ordinance, 1979---Genuineness or otherwise of alleged agreement and its consequential effect would be independently determined by the Civil Court---Sale agreement did not confer any title on the tenant unless the same was determined by the court of competent jurisdiction---Till the time tenant was able to establish his claim for "specific performance" on the basis of alleged sale agreement, the landlord would continue to enjoy the status of being owner or landlord of the premises and the relationship between the parties till such time would be regulated by the terms of tenancy and the tenant could not legitimately resist the maintainability of ejectment proceedings pending against him on the ground of sale agreement---Such agreement to sell would not authorize non-payment of rent by tenant from the date of entering into agreement---Once a person acknowledges himself to be a tenant of a landlord, the principle of estoppel as enunciated in Art.115 of Qanun-e-Shahadat, 1984 would come into play, debarring such tenant to deny the title of his landlord---Direction of Rent Controller to the tenant to deposit arrears of rent and to pay future rent being just and proper was sustainable, in circumstances. Haji Jumma Khan v. Haji Zarin Khan PLD 1999 SC 1101; Iqbal and 6 others…

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