Law:

Section:

(a) Sind Rented Premises Ordinance (XV1I of 1979)-S. 13-Eviction-Tenant, registered partnership firm, dissolving firm, constituting a Private Limited Company, and getting it registered under Companies Act without informing or getting permission from landlords-&1d : A distinct legal entity different from firm came into existence and it remained so whether veil of incorporation lifted or- not-Such legal entity possessed altogether different rights. and subjected to different liabilities with respect to third parties including landlords-Such change could not be brought about unilaterally so as to transform very legal existence of partnership firm in a manner affecting their liability-Landlords, in circumstances, could object and make it a ground for ejectment. Manek J. Mobed and another v. Chah Behram and others P L D' 1974 S C 351 ref. (b) Sind Rented Premises Ordinance (XVII of 1979 -- S. 13-Eviction-Waiver-Landlords expressing themselves unequi­vocally as to their having not accepted change of partnership firm into a limited liability Company and desiring classification with regard to change brought about-Landlords by issuing receipts in favour of one of partners did not, infect, accept change and time elapsing till filing of ejectment petition due to conduct of another partner in not supplying relevant documents to landlords, as desired by them, to enable them to determine further action-Very fact of landlord's continuing to issue receipts in name of dissolved partnership, actual tenants of property, held, showed manifest refusal of landlords to recognise anyone else as tenant of property and no question of waiver on part of landlords could arise in circumstances.-[Waiver]. Iqbal Ahmad Qazi, Advocate Supreme Court with Vakil Ahmad Kidwai, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 23rd May, 1981. JUDGMENT SHAFI-UR-RHHMAN, .1.-The petitioners seek leave to appeal against the judgment of the Sind High Court dated 18-1-1981 whereby their ejectment from a rented premises was ordered. Petitioner No. 1, a registered partnership firm, through one of its partners Captain Haleem. Siddiqui obtained on $ rent from the respondents'…

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