Law:

Section:

(a) Landlord and tenant---Lease-Person holding lease-hold rights in his own name but subse­quently assigning them to a firm or private limited company consist­ing of his family members-Cannot be said in circumstance that no change had taken place in status of tenant or case not one of sub­letting or assignment of lease-hold rights. If a person obtains lease-hold rights in his own name and subsequently assigns them to a firm or to a private limited company consisting of his family members it cannot be said that no change has taken place in the status of the tenant or that it is not a case of subletting or assignment of lease-hold rights. Peebles v. Crostwaite (1896-97) 13 T L R 198 ; Chaplin v. Smith (1925) 1 K B 198 ; Gian Singh & Company v. Devraj Nahar & Company (1965) .1 All E L R 768 ; Yenidje Tobacco Company Limited (1916) 2 A E L R 1050 and Ladli Parasad Jaiswal v. Karnal Distillery Company Limited P L D 1965 S C 221 distinguished. (b) Karachi Rent Restriction Act (VIII of 1953)-- S. 10-Application of provisions of-Tenant failing to pay or not ready and willing to pay rent-Landlord could sue for possession with­out certificate of Controller-Similarly tenant failing to comply with condition of tenancy (not to sublet or assign lease-hold rights without permission of landlord in writing)-Civil suit for possession and mesne profits by landlord not barred. If a tenant failed to pay rent or was not ready and willing to pay rent, the landlord could sue for possession without the certificate of the Controller. Similarly- if the tenant failed to perform other conditions of the tenancy the landlord could sue for possession without the certificate. There is no logic in the contention that if a tenant failed to perform the condition not to sublet or assign lease-hold rights without the permission of the landlord the bar imposed by section 10 was attracted and it was necessary to obtain a 'Certifi­cate under section 10 (2). Clause (b) of subsection (2) of section 10 of Karachi Rent Restriction Act, 1953 became applicable only to cases in which the agreement of lease did not make provision against subletting or assignment of lease hold rights without the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492