Case Details

Citation(s)
1995 SLG 976 1995 SLD 976 1995 CLC 446
Sindh High Court
First Rent Appeals Nos. 438 and 476 of 1990, decision dated: 5-12-1994
ABDUL LATIF U QURESHI, J
Muhammad Arif for Appellant (in F.RA. No. 438 of 1990). Aftab Ahmad for Appellant (in F.RA. No. 476 of 1990). Riaz-ud-Din for
Respondents

HUSSAIN KHAN AND SONS

VS

IBRAHIMJI SULEMANJEE MITHAIWALA and another

Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------Ss. 2 (f) (j) & 15 (2) (iii)---Subletting by original tenant---Relationship of landlord and tenant---Premises in question which was a private trust was rented out by trustee and its caretaker to a tenant and tenant bad 'sublet the same---Tenant admitted sub-tenancy, but claimed that same was with permission of trustee and caretaker of trust premises---Sub-tenant had been paying rent regularly to tenant for three years and apart from rent he also paid settled Pugri of the premises to tenant---Trustee/original landlords during such period had not contacted sub-tenant for payment of rent to him or claimed to be landlord of premises---Sub-tenant asked trustee to show his title documents -to ascertain whether trustee was actual owner of premises in question, but he failed to do so---Sub-tenant remained depositing rent in Court---Conduct of trustee for keeping silence for three years avoiding to show title documents to sub-tenant, was a contributory factor in the belief of sub­tenant that tenant from whom he had taken premises on rent was a dual landlord---Trustee by his conduct for keeping silence for three years and refusing to show title documents to sub-tenant on his demand, had acquiesced his right of objection over subletting of premises and at that stage he could not exercise his right of demanding ejectment on ground of subletting/trustee landlord, by his conduct was also responsible for belief of sub-tenant that he had been rented out premises by actual owner---Relationship of landlord and tenant, in circumstances, did exist between the parties---Sub-letting of premises having been admitted by tenant and original landlord having denied to have permitted such subletting; original tenant was liable to be ejected on ground of unauthorised subletting. Ghulam Bahauddin Qureshi v. Mrs. Hawa Bai PLD 1979 Kar. 597; Boman Abadan Irani v. Khan Saheb Jahangir J. Mobed and another PLD 1960 WP (Kar.) 276 and Haji Dawood v, Mst. Rahima Bai and another PLD 1980 Kar. 126 ref. JUDGMENT Both these appeals are disposed of by this single judgment, as the appeals are against the same order of learned 1st Senior Civil Judge…
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