Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: JAVED IQBAL and 2 others VS Respondent: ABDUL GHAFOOR and 2 others
Court Name: Sindh High Court Judge(s): Amir Hani Muslim Title: JAVED IQBAL and 2 others vs ABDUL GHAFOOR and 2 others Case No.: Constitutional Petition No,150 and C.M.A. No,429 of 2005 Date of Judgment:2005-08-08 Reported As: 2006 CLC 802 Result: Petition dismissed.
Judgment ORDER AMIR HANI MUSLIM, J.--- Through this petition the petitioner has impugned the order of the Rent Controller which was affirmed by the IInd Additional Sessions Judge, Sukkur whereby the petitioner was ordered to be ejected from the premises in question. It has been contended by the learned counsel for the petitioner that the premises in dispute was on tenancy initially and subsequently the landlord by virtue of sale agreement had sold the property to the petitioner. He submits that on the date of execution of this agreement he became the owner and his status from tenant to owner has been changed. He has relied upon the judgments reported in 2004 SCMR 53 and PLD 2004 SC 465. I am not persuaded to the arguments of the learned counsel as much as both the authorities of the Honorable Supreme Court are inapplicable to the facts of the present case. Sale agreement itself does not confer title upon the petitioner and jurisdiction of Rent Controller continues unless the Civil Court give finding in favour of the petitioner. The proceedings before the Rent Controller and the Additional District Judge were independent of the plea raised by the learned counsel for the petitioner. I do not find any infirmity in the orders impugned in these proceedings which warrant interference in exercise of writ jurisdiction. This petition is dismissed in limine along with the listed application.