Law: Punjab Rented Premises Act, 2009

Section: 15,2(i)(iii)

Punjab Rented Premises Act (VII of 2009)--- ----Ss. 15 & 2 (l) (iii)---Ejectment petition against sub-tenant---Maintainability---Demised premises was rented out by tenant in favour of sub-tenant---Eviction petition against sub-tenant was accepted concurrently--- Validity--- No written consent on the part of landlord in favour of tenant to induct sub-tenant was on record---When oral assertion had been rebutted by a written document then preference was to be given to the document---Sub-tenant was rented out demised premises by tenant---Constitutional petition of sub-tenant was dismissed, in circumstances. Mian Muhammad Saeed v. Muhammad Mansoor Ali Khan and others 1991 SCMR 1209; Muhammad Nayab v. Additional District Judge, Rawalpindi and 2 others 2016 MLD 1095; Hakim Khushi Muhammad v. Mst. Talaat Rana and 7 others 2010 CLC 819; Messrs Akbar Brothers through Managing Partner v. M. Khalil Dar through Legal Heirs PLD 2007 Lah. 385; Mashkoor Ahmad alias Mashkoor Hussain through Legal Heirs and others' case 2001 YLR 2915; Minochar N. Kharas represented by Legal Heirs v. Ali Hassan Manghi and 6 others 1986 CLC 1378 and Kafayatullah v. Muhammad Inayat 1983 CLC 3316 ref. JUDGMENT SHUJAAT ALI KHAN, JUSTICE:---.--- Unnecessary details apart, Sh. Abdul Waheed (predecessor-in-interest of respondents Nos.1 to 5) filed an Ejectment Petition against the petitioner qua Shop No.5, Madina Masjid, Nagina Market, Muslim Bazar, Sargodha (hereinafter to be referred as the rented premises) which was accepted by the learned Special Judge (Rent), Sargodha vide order, dated 05.05.2016, against which the petitioner filed an appeal but without any success as the same was dismissed by the learned Additional District Judge, Sargodha (learned Appellate Court) through judgment and decree, dated 22.12.2016; hence this petition. 2. Learned counsel for the petitioner submits that since the predecessor-in-interest of respondents No.1 to 5 filed Ejectment Petition without seeking permission from the landlord-mosque regarding subletting of the rented premises to the petitioner, the same was not maintainable in view of section 2(l)(iii) of the Punjab Rented Premises Act, 2009 (the Act, 2009) and…

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