Law:

Section:

Sind Rented Premises Ordinance (XVII of 1979)-----S. 21--Constitution of Pakistan (1973), Art. 185(3)--Ejectment of partnership firm--Ejectment application filed against petitioner, a partner, in his personal capacity and respondent persisted in continuing proceedings against petitioner--Maintainability of ejectment petition assailed--Pleas raised that partnership recognises right/ interest of each and every partner in each and every part of assets of partnership to extent of their share and status of partners in case of tenancy in the name of firm is that of co-tenant; that provisions of rent laws permit, by implication, filing of rent proceedings by one of several co-owners, and there is nothing to provide conversely in respect of tenants, which in any event, would amount to non-suiting other tenants/ partners without hearing--Leave to appeal granted inter alia to consider question of non-impleading of other partners of the firm. ORDER MIAN BURHANUDDIN KHAN, J.--Facts stated in brief are that the petitioner is alleged to be a partner in a firm carrying on business under the name and style of Haji Ghulam Muhammad & Company; that the respondents who jointly inherited the premises in dispute, in occupation of the petitioner's Company, sent a notice on 14-6-1981 to the petitioner inter alia asserting therein that the premises in dispute were required by respondent No.1 for his own occupation and use as he wanted to set up his business therein; that on refusal of the petitioner, respondent No.1 filed an application for ejectment on the ground of personal requirement; that the learned Rent Controller on 20-3-1983 ordered the eviction of the petitioner on the ground of requirement of the premises for personal use of respondent No.1; that an appeal was filed by petitioner before the Sind High Court which was dismissed vide the impugned order with the direction to him to hand over vacant possession of the premises to the respondent within four months of the judgment. 2. Learned counsel for the petitioner Mr. Khalid M. Ishaque, Senior Advocate submitted that the learned Judge in appeal has erred in holding that the rent case filed by respondents was maintainable.…

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