Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--S. 2(g)(ii)---Tenant-hold, a commercial premises---Heirs of deceased tenant---Determination---Principles---Where the original tenant having died was succeeded by his widow and the shop-continued to run allegedly on widow's behalf by a man, who happened to be the husband of widow's sister, sister of the deceased lady and her brother should have been impleaded and appeal disposed of on merits by the High Court---Such having not been done and the dismissal of appeal having taken place on a hyper-technical ground, Supreme Court, converted petition into an appeal and allowed the same with order of remand of the case to be decided on merits---Amended memo. of appeal was directed to be submitted by and on behalf of two legal representatives of the deceased. Only such heirs of a deceased tenant would succeed to the tenancy as be found to be "in possession or occupation of the premises after the death of the tenant". Such factual aspect would normally pose little difficulty where the tenant-hold is a residential unit. However, problems could arise where the tenancy of a commercial or non-residential premises stands in the name of an individual and such individual, having personally run the business, expires. For the successors to be determined in cases of the genus last mentioned, quite understandably, there can be no physical possession or occupation of any of the heirs of the tenant at the time of the tenant's demise and it is for this reason that the definition clause relates and is specific to the concept of possession or occupation to a point of time after the death of the tenant". Ghiasuddin Mirza, Advocate Supreme Court for Petitioners. Respondents in person. Date of hearing: 3rd August, 1999. ORDER WAJIHUDDIN AHMED, J.---The subject-matter of these proceedings is a shop situated on Qazi Abdul Qayyum Road, Gari Khata, Hyderabad, belonging to the respondents. Such shop, per agreement dated 1-12-1976, was let out to one Muhammad Hanif at a monthly rental of Rs.200. The said Muhammad Hanif, having expired in April, 1982, was succeeded by his widow, Mst. Hajran Begum and the shop continued to run, allegedly on the…

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