Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art.199---Constitutional petition---"Tenant and his family"---Connotation---Use of rented premises by tenant's family---Rights of tenants family members---Scope---Petitioner filed petition against respondents/original tenant and his real brother respectively, seeking their ejectment from rented premises on ground of default in payment of rent and subletting without petitioner's permission---Respondent/original tenant asserted that he did not sublet premises rather he along with his brother/respondent (No.2) formed a partnership firm in rented premises and respondent (No.2) being his real brother, held joint tenancy right in rented premises, hence question of subletting did not arise---Trial Court as well as Appellate Court dismissed petitioner's application for ejectment---Validity---Rent deed showed that term "tenant/tenants" was interchangeably used for "the tenant and his family" who held dominant and beneficial lease hold interest as tenants of demised premises from the very beginning---Petitioner's argument that use of premises was allowed to "the tenant and his family" as a licence for family and not lease, was not maintainable---Had it been a licence for family then a suitable expression restricting "the use" of property to the family would have been employed in rent agreement i.e., words could have been that "the landlord permits the demised premises to be used by the tenant's family as well"---No diverture of interest or right of respondent (No.1) took place on creating purported sub-tenancy upon exclusion of partnership---Partnership between his brothers was in consonance with rent agreement---Petitioner landlord had been accepting rent through cheques or otherwise from the firm account with signatures either of the two brothers and for the last thirty years petitioner neither raised objection to nor sought ejectment on ground of subletting---Even in a previous petition he omitted to plead subletting as a ground of ejectment----"Family members" included mother, brothers, and sisters of main tenant who were entitled to continue occupation of…

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