1. ' SALMAN HAMID, J.---Through this Constitutional Petition the petitioner namely Malik Riaz Hussain, son of Dara Khan has challenged Judgment dated 9-8-2011, passed by V-Additional District Judge, Karachi, South in F.R.A. No,432 of 2010 whereby finding of the Rent Controller, who dismissed the Rent Case No,611 of 1999, of the respondent No,1 on the ground that the respondent No,1 failed to establish the relationship of landlord and tenant between him and the petitioner, was reversed, by holding that the petitioner is a tenant of respondent No, 1.
2. ' During the course of arguments, it was admitted by the learned counsel for the petitioner that since May 1996 upto the filing of Rent Case No,611 of 1999 in May, 1999 rent was not tendered on the ground that by virtue of agreement the petitioner became owner of Shop at Premises No,755-A, Street No,9, Azam Basti, Karachi. It is also admitted and available on record that on the basis of the Agreement for purchase of the Premises, in the first instance and prior to filing of Rent Case No,611 of 1999, Suit No,328 of 1999 was preferred by the petitioner, which was dismissed on 14-12-2010 against which dismissal Civil Appeal No,26 of 2011 was preferred by the petitioner which too was dismissed by the Appellate Court and after such dismissal Revision Application No,181 of 2011 was filed which is pending adjudication before this Court.
3. ' All the above factors show that the title of the petitioner in respect of the Premises, of which he claims to be the owner, has not yet been perfected by the Civil Court and that under such circumstances and in law the petitioner was not absolved of his responsibility of payment of agreed monthly rent of the premises, which admittedly he has failed to pay from May, 1996 upto the filing of Rent Case in May, 1999 and till date. Since there is admission of default on the part of the petitioner, as mentioned above, this petition is not maintainable and is dismissed.
4. ' The petitioner is directed to hand over vacant peaceful possession of the premises within 30 days from today failing which the Rent Controller/Executing Court shall issue writ of possession without notice with police aid with powers to break open the locks if necessity for the same shall arise.