Law: Sindh Rented Premises Ordinance, 1979

Section: 15(2) (iii) (a) , 19(3)

Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss. 15(2) (iii) (a) & 19(3)---Subletting---Landlord alleged that tenant had sublet premises in question to third party in violation of tenancy agreement-- Neither the landlord nor tenant had filed copy of tenancy agreement which could show as to what were the terms of tenancy between the parties---Court in circumstances, could not reach to a just and proper determination o1 violation of any of the terms of tenancy---Burden to prove subletting of premises was on landlord who had failed to substantiate that allegation, especially when landlord had failed to examine himself in support of his case, but instead he examined unauthorised person who neither possessed any lawful authority nor any power of attorney---Rent Controller under S. 19(3) of Sindh Rented Premises Ordinance, 1979 was required to receive evidence first of applicant/landlord and his witnesses and then of respondent/tenant and his witness---Neither the landlord had examined himself nor the respondent-- Both applicant and respondent who were Registered Bodies, had examined their employees who did not possess any lawful authority from their employers---No lawful evidence was produced in support of case of parties, except their pleadings which could not take place of evidence---Rent Controller, in circumstances, was not justified to pass ejectment order against tenant for want of lawful evidence and proof of subletting ---Ejectment order passed against tenant on ground of subletting, was set aside by High Court in circumstances. 1990 MLD 1715,1985 CLC 2419; 1991 CLC 957; 1992 CLC 482; 1993 SCMR 1163; 1989 MLD 557; 1989 CLC 1128; PLD 1968 Kar: 635; 1986 CLC 953; PLD 1988 Kar. 240; 1985 MLD 116; PLD 1982 SC 79; 1991 CLC 1042 and PLD 1979 SC 185 ref. Yawar Farooqui for Appellant. Rehmat Elahi for Respondent. Date of hearing: 20th April, 1995.   JUDGMENT This appeal under section 21 of the Sindh Rented . Premises Ordinance, 1979, is filed by the tenant/appellant against the order of the Vth Rent Controller, South Karachi, dated 18-7-1990 in Rent Case No.915 of 1988, whereby he granted the eviction application of the respondent on the sole…