Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--S. 16---Default in payment of rent---Failure of landlords to prove their assertions initially made by them in their application for ejectment qua the payment of rent by tenant could not lead to an adverse inference against the landlords. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16---Default in payment of rent ---Ejectment of tenant---Relationship of landlord and tenant---Landlords could not be declined the relief on the ground that in the earlier round of litigation the finding on the question of relationship of landlord and tenant went against them (the landlords), in view of the dismissal of suit filed by tenant in the Civil Court to establish her proprietary rights in the disputed premises. (c) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 16---Default in payment of rent---Application of ejectment of tenant by landlord---Mere pendency of suit filed by tenant against the landlord relatable to the property in dispute would be of no significance unless the same raised serious doubt about the landlord's title to the property. Muhammad Ihsan v. Muhammad Hafeez 1995 SCMR 1380 quoted. (d) Sindh Rented Premises Ordinance (XVII of 1979)--­ ----S. 16(1)---Subletting---Transfer of business carried on in the premises by original tenant to another person, would fall within the mischief of subletting and Rent Controller had the jurisdiction to pass order under S.16(1), Sindh Rented Premises Ordinance, 1979. Naraindas C. Motiani, Advocate-on-Record for Appellants. Respondents Nos. l to 3: Ex parte. Hafiz Abdul Baqi, Advocate-on-Record for Respondent No.4. Date of hearing: 24th June, 1997. JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This is an appeal of landlord with the leave of the Court against the judgment dated 5-12-1994 passed by learned Judge of High Court of Sindh at Karachi whereby the same was accepted by the order dated 9-3-1993 in the ultimat round passed by the learned VIIth Senior Civil Judge and Rent Controller, Karachi South, granting ejectment of the respondents on the ground of default in payment of rent was set aside and the application for ejectment was dismissed. 2. The…

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