Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S.15(2)(iii)(a)---Constitution of Pakistan, Art. 185(3)---Leave to appeal was granted by Supreme Court to consider whether High Court did not interpret the law in its true perspective because S.15(2)(iii)(a) of Sindh Rented Premises Ordinance, 1979, did not talk of subletting but it visualized handing over of the possession of premises to some other person, which possession had never been handed over and was still with the tenant. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(a)---Ejectment of tenant---Sub-letting of premises---Scope---Handing over of the possession of rented premises to some other person exposes a tenant to eviction, under S. 15(2)(iii)(a) of Sindh Rented Premises Ordinance, 1979---Ground of "sub-letting" does not find mention in S.15 of Sindh Rented Premises Ordinance, 1979---Grounds for eviction of tenant have been changed in Sindh Rented Premises Ordinance, 1979, and "sub-letting" has been omitted from the prescribed grounds thereof. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(a)--- Ejectment of tenant--- New plea, raising of---Landlord sought ejectment of tenant on the ground that he formed two independent business entities and sublet the rented premises to those business entities, without his permission---Rent Controller dismissed the ejectment application but Lower Appellate Court and High Court concurrently passed eviction order against the tenant---Validity---Tenant did not plead or depose before Rent Controller that company or firm were his licencees and were so inducted in demised premises to do business of tenant or their own---Tenant also failed to raise such plea before Lower Appellate Court, similarly neither in constitutional petition nor during arguments before High Court the tenant premise his case on the licencee status of the company/firm---Plea of tenant having never been raised before any forum or the courts by tenant, could not be considered for the first time by Supreme Court, particularly when no evidence on record existed to substantiate such a plea---Tenant without written consent of landlord, had handed over…

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