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West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---- S.13(1),(ii)(a) Ejectment proceedings Subletting Argument regard¬ing petitioner's business being that of a cloth merchant, and association of tailor alleged sub tenant, being merely to boost up business hence tailor could not be termed as sub tenant Lower Court's findings holding subletting of premises Finding of fact No ground for interference, held, made out Petition dismissed. Boman Abadan Irani v. Jahangri J. Mobed and another P L D 1960 Kar. 1276; Abdullah Rhai and others v. Ahmad Din P L D 1964 S C 106; Motal Bai v. Abdul Aziz and others P L D 1968 Kar. 635 and A I R 1959 Pb. 508 distinguished. ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal against the order dated 8 4 1978, passed by a Judge of the Lahore High Court, whereby the Second Appeal (S.A. O. No. 166 of 1978) filed by the petitioner against the order of his eviction was dismissed. The facts relevant for the disposal of this petition, very briefly stated, are that the petitioner was a tenant of the premises consisting of a shop and a chaubara, belonging to Hafiz Muhammad Shaft (now deceased and represented by his legal representatives respondents I to 11 herein). The petitioner was carrying on the business of a cloth merchant in the shop in question. An application for his ejectment was filed by Hafiz Muhammad Shaft, inter alia, on the ground of subletting the premises to Muhammad Buta (respondent No. 12 herein), in answer to the above plea, it was submitted that respondent No. 12 was a lessee under the petitioner carrying on the tailoring business. in order to supplement the cloth business of the petitioner and also that it was a normal practice in the business of cloth merchants that tailor are associated in the shop in order to boost up the business. The learned Rent Controller, however, held that the petitioner had sublet premises to respondent No. 12, in allowing him to use the shop in dispute without the consent and permission of the landlord and thus he was liable to be ejected under section 13(1) (ii)(a) of the West Pakistan Urban Rent Restriction Ordinance, 1959. The said finding was upheld, on appeal, by…

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