1246/2011 Const. P. Mst. Hajra Khatoon (Petitioner) V/S Javed Akhtar & Others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 09-NOV-17
There appears to be a solitary defence for non-payment of rent, which is a sale agreement claimed to have been entered between petitioner and the father of respondent No.1. Such could hardly be taken into consideration on account of the fact that the petitioner admitted to have been inducted in the premises as tenant and he cannot resile from such relationship on the pretext of an agreement of sale. The petitioner in order to prove such claim had to surrender the possession as being tenant and only in case he succeeds in establishing his case for specific performance, the possession could be restored and/or he be absolved from payment of the rent after decree.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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