Law: Sindh Rented Premises Ordinance, 1979

Section: 15(2)(iii)(a)

Sindh Rented Premises Ordinance (XVII of 1979)--- ---S. 15(2)(iii)(a)---Subletting of premises---Proof---Landlord seeking ejectment of tenant on ground of subletting, had simply stated that tenant had handed over possession of premises in question to some other person without his written consent---Landlord, not only failed to give particulars of person to whom tenant had allegedly handed over possession of premise and business carried on by that person, but also could not produce any documentary evidence, except oral assertion of his attorney, to establish that tenant had passed on possession of premises to some one who could be considered to be co-tenant---AS against such slipshod evidence of landlord, tenant by producing documentary evidence, had clarified that person alleged to be his co-tenant in fact had been introduced by him as a partner in his partnership business under a registered partnership deed according to which that person had no right or interest in premises in dispute---Tenant by producing documentary evidence had fully established that alleged co-tenant was merely his working partner and possession of premises had not been transferred to him exclusively to render tenant liable for ejectment from premises on ground of subletting- --Landlord having failed to establish his case for ejectment of tenant on ground of subletting his application was rightly dismissed by Rent Controller. PLD 1974 SC 351; PLD 1982 SC 79; 1991 CLC 1042; 1988 MLD 1418; 1989 MLD 2972,' 1988 MLD 2628; 1982 CLC 1042; 1981 CLC 669; PLD 1968 Kar. 635 and Mst. Umme Laila v. Moiz Hussain 1991 CLC 385 ref. Habibur Rehman for Appellant. Rehmat Elahi for Respondent. Date of hearing: 19th May, 1992.   JUDGMENT Mst. Saecda Begurn, the appellant herein, is the landlady of a commercial premises, shop, situated in a building constructed on a plot of land bearing No.Z-63 situated in Bihar Muslim Housing Society, Manzar Alam Road, Karachi. This shop was let out to respondent Shamim Ahmed on payment of rent at the rate of Rs.325 per month. On 4th November, 1986 she filed an application under section 15(2)(iii)(a) of the Sindh Rented Premises Ordinance, 1979 in the Court of II1rd…