1. ' KHAWAJA NA VEED AHMED, J.---This C.P. Has been filed by the petitioner through S. M. Lqbal, Advocate against the concurrent findings of both the Courts below.
2. ' The respondent No, 1 is a widow and landlady of House No, A-100, Block-18, Gulshan-e-Iqbal, Karachi. She had given the house on rent to the petitioner on monthly rent of Rs,10,500. The tenant paid rent up to February, 2004 and thereafter stopped paying the rent. The landlady had filed ejectment application viz. Rent Case No,90 of 2006 in the Court of VIII Senior Civil Judge and Rent Controller, Karachi East. She had claimed arrears of rent from March, 2004. The tenant had not filed written statement and had filed a statement that there exits no relationship of landlord and tenant between the parties and Suit No,1103 of 2006 is pending in the High Court. The learned Advocate for the petitioner Mr. Muhammad Iqbal Chaudhry has drawn the attention of this Court towards the rent order passed by the learned VIII Senior Civil Judge and Rent Controller, Karachi East under section 16(1) of S.R.P.O., 1979 on 24-2-2007. The relevant portion of the rent order is reproduced hereunder:- ' "I have carefully heard the arguments of learned counsel for the parties and also perused the R&P very carefully, the opponent is denying that he is tenant of the applicant, the applicant also has not along with rent application, hence, it is necessary to record this evidence of the parties and until and unless it is not proved through evidence, that opponent is tenant of applicant the opponent cannot be directed to deposit the rent, therefore, at this stage the application is not maintainable and dismissed with no order as to cost."
3. ' Learned counsel for the petitioner has admitted that no written statement has been filed in this case by the tenant. The landlady has pressed an application for ejectment an two grounds viz. Ground of default in payment of rent and ground of personal bona fide requirement. The landlady has stated that she came from Canada to Karachi and has no place to live here in Karachi. She wants to permanently settle down at Karachi.
4. ' After service upon the respondent Mr. Faiz H. Shah, Advocate filed Vakalatnama on behalf of tenant/petitioner on 2-9-2006 in the Court of Senior Civil Judge and Rent Controller and thereafter he remained absent through out and not filed written statement before the Rent Controller.
5. ' Applicant's Attorney had filed affidavit in evidence. No one cross examined him. The plea of petitioner that he had filed the suit for specific performance of the contract in the High Court was not considered by the learned Rent Controller. He had relied upon 1994 SCMR 1487 and had ordered eviction of the tenant/petitioner from the demised premises.
6. ' The tenant had filed F.R.A. In the Court of learned District Judge, Karachi East, which was heard by the learned II Additional District Judge, Karachi East viz. F.R.A. No, 109 of 2007. The learned II Additional District Judge, Karachi East had disposed of the appeal on the statement of the Advocate for the petitioner that appellant/tenant will hand over the vacant peaceful possession of the demised premises within one month from 4-2-2008. The relevant portion of the judgment is reproduced hereunder: ' "The Advocate for the appellant has filed statement dated 4-2-2008 stating therein that the appellant will hand over the vacant peaceful possession of demised premises within one month from filing of this statement. Both the parties' counsel have mutually agreed to dispose of the instant appeal in terms of the statement filed by the learned counsel for the appellant.
7. ' Hence in view of the above, the appellant is directed to hand over the peaceful vacant possession of the demised premises to the appellant/landlady within one month from filing of statement dated 4-2-2008. In case of failure of handing over possession of demised premises by the appellant, the writ of possession be issued without notice to the appellant with police aid. Appeal in hand disposed of accordingly."
8. ' I have perused the record as well as heard the learned Advocates for the petitioner and respondents. There are concurrent findings of both the Courts below. In the Court of Rent Controller the tenant has neither filed written statement, nor cross-examined the witness of the landlady.
9. Ejectment order was passed on merits. In the Appellate Court the Advocate for the appellant had given statement in writing that they will hand over possession within one month. It is an admitted position that tenant is not paying any rent to the landlady, who is widow. It is the plea o the tenant that he has filed a suit for specific performance in the High Court. It is an admitted position that there is no restraining order from the High Court either to stop the ejectment proceedings in the Court of Rent Controller or any other stay order is in the field.
10. ' It is settled law that just by entering into sale agreement nobody becomes the owner of the property. If one is tenant, unless it is specifically mentioned in the sale agreement about his status other than a tenant, he will continue to be the tenant till the title of the property is transferred under the Transfer of Property Act. In the present case the plea of the tenant is that he has filed suit for specific performance is of no help to the tenant. This petition has no scope and is dismissed on merits.
11. ' Since this is residential premises I allow Nine months time to the tenant to handover the vacant and peaceful possession of the premises i.e, House No, A-100, Block-18, Gulshan-e-Iqbal, Karachi to the respondent No,
1. On expiry on nine months period the learned Rent Controller will issue writ of possession without notice with police aid with order of breaking open the lock.
12. ' This order is subject to payment of monthly rent, arrears of rent as well as utility bills. In case of default in payment of rent or utility bills the order will become operational from the date of default.
13. The Petitioner is directed to pay the arrears of rent from March, 2004 till date within a period of two months.