Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S.15 (2) (iii) (a)---Constitution of Pakistan (1973), Art. 185 (3)--­Application for ejectment of tenant on the ground that he had handed over the possession of the premises to some other person---Plea of tenant on the other hand that he had entered into a partnership with the said person---Leave to appeal was granted to consider questions whether in view of the admission of tenant in his cross-examination that, he in support of his plea of partnership with the other person, could produce the books of account, his refusal to produce the same on the plea that the same were not maintained, was sufficient to draw an adverse inference against him in support of the landlord's case and whether the two Courts below were justified to decline the landlord's application for ejectment. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15 (2) (iii) (a)---Ejectment of tenant was sought on the ground that the tenant had handed over the possession of the tenement to some other person without the written consent of the landlord---Tenant pleaded that he was doing business in the premises and for the due and smooth running of the same he had taken a partner in the business---Burden of proof---Provisions of S. 15 (2) (iii) (a), Sindh Rented Premises Ordinance, 1979 when attracted. Section 15 (2) (iii) (a) of Sindh Rented Premises Ordinance, 1979 prohibits handing over possession by a tenant to some other person without written permission of the landlord. It does not speak of creation of sub-tenancy or factum of subletting. The above provision is wider in its import inasmuch as it will be attracted to if a landlord proves that factually his tenant has handed over possession to another person without his written consent and that the tenant is no longer in possession. The above initial burden is on the landlord and once he discharges it, the burden will shift to the tenant to prove that he has not handed over possession of the premises and that he is still in physical possession. In order to discharge the above burden of proof, the tenant may produce partnership deed, certificate of registration of the firm, account…

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