Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15---Subletting---Onus to prove such plea is on landlord and not on the tenant---Where landlord had alleged subletting and accepted rent from tenants without protest for quite a long time, allegation of subletting was not proved. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Plea of subletting---Proof---Person holding valid general power of attorney on behalf of the landlord was not examined as a witness by the Rent Controller--- -Landlord had failed to show that out of two tenements which had been sublet by the tenant and what rent was being realised by the tenant for alleged subletting---Rent Controller had ordered ejectment of the tenant--­Validity---Held, there was no lawful evidence in support of the pleas raised by the landlord, except pleadings and the same could not take place of evidence, and, as such, no subletting was proved by the landlord---Rent Controller had erred in ordering ejectment of tenant on said plea ---Ejectment order passed by the Rent Controller was set aside in circumstances. Messrs Adil Brothers (Private) Limited v. Pakistan National Shipping Corporation 1995 CLC 1652 and Dost Muhammad v. Mst. Ramzan Bibi and 9 others 1990 MLD 1667 rel. JUDGMENT Through this appeal the appellant has challenged the order, dated 15-1-1992 passed by the learned Vth Senior Civil Judge and Rent Controller, Karachi South, Karachi, passed in the proceedings of Rent Case No. 75 of 1988 State Life Insurance Corporation of Pakistan v. Messrs Sasi (Pvt.) Limited, and another, directing the opponent to hand over peaceful possession of the case premises to the applicant. The brief facts of the case as stated in the eviction application, dated 11-1-1998 are that the respondent No.l is a statutory Corporation and is the owner/landlord of the building known as State Life Building No.5-A, Zaibunnisa Street, Sadar Karachi and the appellant is the tenant of respondent No. l in respect of portion of space measuring 5000 sq. ft. situated at ground floor and First Floor of the said building, of respondent No. l on a total monthly rent of Rs.3,500 per month. It is also averred that the…

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