607/2021 Const. P. Dawood Khan S/o Sher Ali (Petitioner) V/S Rana Muhammad Rafique and others (Respondent)
Sindh High Court
Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar(Author)
Order Date: 12-OCT-21
It would be seen that it has been consistently held by the Honble Supreme Court that if the tenant asserts that he is no more a tenant as he had purchased the property, even then he has to vacate the property and file a Suit for specific performance of the sale agreement, and he would be entitled to possession of the property in accordance with law only if he succeeds in his Suit. It is also well-settled that till such time the Civil Court passes a decree against the landlord in a Suit for specific performance, landlord would be entitled to recover rent. In the present case, it is an admitted position that compliance of the tentative rent order was not made by the petitioner, therefore, the Rent Controller had no option, but to strike off his defence as held by the Honble Supreme Court in Safeer Travels (Pvt.) Ltd. V/S Muhammad Khalid Shafi through legal heirs, PLD 2007 S.C. 504. The impugned orders are in accord with the law laid down by the Honble Supreme Court. Accordingly, the petition and listed application are dismissed in limine with no order as to costs.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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