1768/2016 Const. P. Muhammad Muzammil (Petitioner) V/S Khawaja Mukhtiar Ali & Others (Respondent)

1768/2016 Const. P. Muhammad Muzammil (Petitioner) V/S Khawaja Mukhtiar Ali & Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar(Author) Order Date: 20-NOV-18

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Civil Procedure Code (V of 1908), S. 12(2)---Eviction petition---Tenant claiming adverse title---Abuse of process of court---Scope---Eviction petition filed by landlord was allowed and the said order was maintained up to High Court---Tenant, in execution proceedings, filed an application under S. 12(2), C.P.C. wherein he claimed that the attorney of landlord had sold out the demised premises to him---Application under S. 12(2), C.P.C. was concurrently dismissed by executing court and appellate court---Validity---Landlord had never informed the tenant about his intentions to sale the demised premises---Tenant, before entering into sale purchase of the demised premises with the attorney, should have insisted upon withdrawal of execution petition filed against him---Tenant could not defeat the order of Rent Controller by claiming title adverse to the title of landlord who had put him in possession of demised premises as tenant---Petition was dismissed and Rent Controller was directed by the High Court to issue writ of possession of the demised premises within 15 days. [Paras. 7 & 9 of the judgment] Muhammad Nisar v. Izhar Ahmed Shaikh and others PLD 2014 SC 347 rel. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Eviction petition---Adverse title, claim of---Scope---Tenant cannot defeat the order of Rent Controller by claiming title adverse to the title of landlord who has put him in possession of demised premises as tenant. [Para. 7 of the judgment]