Law:

Section:

West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13-Subletting-Ejectment-Contention that if documents ad­mitted of only a single hypothesis and not capable of any other hypothesis then alone could a finding of subletting be given­ Petitioner not placing copies of documents or any part of evidence on record-Copious references, however, made to evidence in of lower Appellate Court and evidence and other circumstances set out in full detail leaving no doubt as to finding of lower appellate Court being only finding capable of being properly and legally returned ­Petition dismissed in circumstances. ORDER NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 14-12-1980 passed by a learned Single Judge of the High Court of Sind at Karachi allowing the Second Appeal No. 294 of 1974 preferred by the respondents 1 to 5 herein. The facts which form the background are that respondents 1 to 5 are the heirs of late Burjorji Behramji Patel, who was the tenant of Shop No. 1, situated in Victoria Mansion, Victoria Road, Karachi, since deceased (and hereinafter referred to as the "deceased tenant", the same expression is used by the High Court in the impugned judgment). Whereas respondents 10 to 13 are the Trustees of the Also Dinshaw Charitable Trust (hereinafter referred to as the Trust). The present petitioners are the legal heirs of the deceased Mohammad Hassan Kazi, who was the holder of a liquor licence granted by the Government of Sind in 1944 and was running the business in the aforesaid shop. The said Mohammad Hasan Kazi, however, claimed to be himself a tenant of the aforesaid shop and denied the existence of the relationship of landlord and tenant between himself and the "deceased tenant" but this claim was negative, as will appear in the sequel by the Rent Controller in his order dated 24-2-1970 passed in Rent Case No. 2914 of 1967, while disposing of the preliminary issue and he was found to be a "sub-tenant" of the "deceased-tenant". Accordingly, he will be referred hereinafter as "deceased sub-tenant" an expression used for him also in the above-mentioned judgment of the Rent Controller. Reverting to the facts which form the…

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