Law: Partnership Act, 1932

Section: 4

Law: West Pakistan Urban Rent Restriction Ordinance (VI of 1959)

Section: 13

(a) Partnership Act (IX of 1932)----S. 4-Firm can possess a personality different from persons consti­tuting it-Converse proposition that personality remains unchanged, however, not correct, firm not being a corporate body having a perpetual succession--Partners of a firm jointly making an agreement with a different limited Company ceasing to be partners of firm at a later stage--Aforesaid agreement with partners, held, cannot- be considered to continue with firm as such on mere ground of continu­ance of business of firm despite exit of original partners. Bhagwani Morarji Goculdas v. Alembic Chemical Works Co. Ltd and others P L D 1948 P C 178 ref. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13--Subletting-Ejectment-Principal tenant in consideration for a sum of money giving up his own possession from half of shop and passing it on to another person exclusively and such other person becoming solely liable for payment of rent and also responsible for all consequential liabilities-Agreement apart from above further indicating such other person having been proportionately liable even earlier for rent of whole shop jointly shared by him and principal tenant-Facts, held, clearly constituted unlawful subletting and transfer of tenancy rights and petitioners rightly ordered t o be ejected. Motal Bal v. Abdul Aziz and others P L D 1968 Kar. 635 distin­guished. ORDER KARAM ELAHFB CHAUHAN, J.-Mst. Umatul Islam (hereinafter called the landlady) :filed an application under section 13 of the West Pakistan Urban Rent Restriction Ordinance VI of 1959 (hereinafter called the Ordinance) for eviction of Akhtar Ali (hereinafter called the principal tenant/ appellant No. 1) on the ground that he 'had sublet the shop in dispute to Khan Shah (sub-tenant/appellant No. 2) without her consent. The petition was resisted and the allegation of subletting was denied and it was averred that it was not a bona fide petition inasmuch as it had been filed with the sole purpose of enhancing the rent and putting pressure on the tenants, The learned Rent Controller held that there was no subletting inasmuch as all that bad happened was that the principal tenant had after…

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