Law:

Section:

(a) Sindh Rented Premises Ordinance (XVH of 1979)-------S. 15---Ejectment application ---Maintainability---Ejectment application filed by landlord was resisted by tenant contending that S. 15 of Sindh Rented Premises Ordinance, 1979 having been declared un-Islamic by decision of Federal Shariat Court in case reported as PLD 1992 FSC 286 ejectment application filed by landlord under that section was not maintainable---Decision of Federal Shariat Court was delivered on 1st October, 1991 and same was to be effective on expiry of six months from the date of its announcement---Decision of Federal Shariat Court, thus was to be effective on 1st April, 1992 whereas ejectment application was filed on 23rd August, 1990---Ejectment application having been filed by landlord much prior to the decision of Federal Shariat Court, said decision of Federal Shariat Court would have no effect upon ejectment application of landlord. Ishfaq Ahmed and others v. Government of Pakistan PLD 1992 FSC ?.86, Khuda Bukhsh v. Muhammad Yaqoob and others 1981 CLC 179; Suhail Ahmad v. Dr. Nisar Ahmad 1989 CLC 1048; Muhammad Yousuf v. District Judge, Rawalpindi 1987 SCMR 307; Muhammad Yaseen v. Shabbir Ahmad 1985 CLC 2111 and Ghulam Akbar v. Abdul Rashid 1991 CLC 959 ref. (b) Sindh Rented Premises Ordinance (XVH of 1979)--- ----S. 15(2)(iii)(a)---Subletting of premises---Evidence on record had proved that original tenant was residing somewhere else where alleged sub-tenant who though was brother of original tenant was residing in premises in dispute with his family---Alleged sub-tenant who though was brother of original tenant was residing in premises in dispute without consent and permission of landlord and evidence on record had proved that original tenant who was residing in other premises had handed over possession of premises in dispute to sub-tenant without permission of landlord which fact had also been admitted by attorney of tenant in his cross-examination---Evidence adduced on point of subletting by landlord, having remained unchallenged, subletting had been proved and tenant was rightly ordered to be ejected on that ground. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----Ss.…

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