563/2010 Const. P. Hussain Jamal (Applicant) V/S VIIth Addl: District Judge (South) Karachi & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-MAY-14
Sindh Rented Premises Ordinance (XVII of 1979)--- ---Ss. 16 & 15---Constitution of Pakistan, Art. 199---Constitutional petition---Ejectment of tenant---Tentative rent order, non-compliance of---Effect---Compromise between landlord and tenant before the court---Scope---Ownership of tenement in possession of tenant had not been conferred upon him---Mere taking plea of denial of tenancy was not enough to take away the jurisdiction of Rent Controller to pass tentative rent order---Tenant would continue to be tenant unless he established his ownership rights conferring title on him---Rent Controller had passed order for payment of arrears of rent and future rent that same would be subject to withdrawal after final judgment/order and interest of tenant had been secured---Tenant had willfully disobeyed the tentative rent order---Tenant knowing the penal consequences of non-compliance of tentative rent order should have deposited the rent in the court instead of putting his claim of ownership at risk and physical possession from the tenement---Compromise before Rent Controller could not be termed as absolute transfer of ownership right in favour of tenant nor terms of compromise could be enforced against landlord in a fresh round of litigation before Rent Controller---Compromise was not enforceable through Rent Controller and same could not be defence to deny payment of rent to the owner---Tenant should have file a suit for specific performance of contract/ compromise to enforce terms of the same---Compromise between the parties before the court was not more than a mere contract and a breach of the same would give rise to fresh cause of action and fresh suit could be filed by an aggrieved person for redressal of his grievance---Tenant could not be allowed to enjoy the tenement as an absolute owner pending the case on the grounds that landlord had promised to transfer the title in his favour---Constitutional petition was dismissed in circumstances.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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