Law: Sindh Rented Premises Ordinance, 1979

Section: 15

  Sindh Rented Premises Ordinance (XVII of 1979)--- ---- S. 15(2)(iii)(a) --- Subletting --- Premises in dispute which was let out to an individual, was occupied and was being used by a partnership firm which admittedly was a different entity from the individual partners --- Rent Controller in circumstances had committed no error in holding it to be a case of subletting. P L D 1984, SC 351 and P L D 1983 Kar. 168 rel. Sindh Rented Premises Ordinance (XVII of 1979)--- S. 15(2)(ii) --- Default --- After death of original owner of premises in dispute, remittance of rent in the name of deceased by tenants through cheques despite having full knowledge of death of owner, was not a legal payment --- Even if tender of rent through cheque was considered to be proper, payment through a cheque issued in the name of dead person was not at all a payment in the eye of law. P L D 1980 SC 298; 1983 C L C 346; 1982 C L C 1847; P L D 1967 SC 530 and P L D 1987 SC 1313 ref. Makhdoom Ali Khali for Appellants. Badrudduja for Respondent. Date of hearing: 20th February, 1990. JUDGMENT This appeal at the instance of tenant arises from the Order of the learned V111th Senior Civil Judge/Rent Controller, Karachi South, dated 27th September, 1986, thereby allowing the application for eviction of the appellant from Plot No.64/1, measuring 2,051 square yards, Nishtar Road, Karachi, hereinafter called ("the plot in question") on the grounds of subletting and default in payment of rent.. '   The relevant facts, briefly stated are these. On 8th August, 1984 the respondent filed an application under section 15 of the Sindh Rented Premises Ordinance, 1979 (hereinafter called "the Ordinance") against the appellants stating, inter alia, that he is one of the legal representatives of Seth Ebrahim Essaji Antria, who died on 14-5-1970, leaving behind him several legal heirs .including him (the respondent), that he, vide Agreement dated 15-10-1949, had let out the plot in question to one Rahim Bux at a monthly rent of Rs.300. One Rahim Bux then sublet the plot in question to the appellant No.1 (Qadri Brothers Foundary and Works) in contravention of agreement and law,…