Law: West Pakistan Urban Rent Restriction Ordinance 1959.

Section: 13 (2)

JUDGMENT

The facts in this case are not in dispute. The building in question was constructed by one Samandar Khan, the husband of the present respondent in about 1935 and thereafter he had remained the tenant in the said premises of Usrnan Khan. Out of the consideration that Samandar Khan had raised the construction from his own funds and had subsequently developed the disease of tuberculosis, Usman Khan had permitted him to sublet a portion of the premises in order to supplement his income. The appellant purchased this property in the year 1958 and it is in the evidence that even after his becoming the owner. of the premises the appellant did not object to the subletting of the aforesaid portion of the premises by Samandar Khan. Samander Khan died in about the year 1966 and the tenancy devolved by operation of law upon the respondent being his widow.