Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(a)---Subletting of premises by tenant---Proof---Where handing over possession of premises to some other was proved, then tenant would be liable to be erected---Handing over possession would mean occupation and use of rented premises by a person other than tenant, but would not include cases, where business was being run by any attorney or partner without having any interest in tenancy itself--­Provisions of S.15(2)(iii)(a) of Sindh Rented Premises Ordinance, 1979 would not be attracted, where tenant took a working partner or financial partner bonafidely and retained physical possession of premises by sitting therein for carrying on business. Saeeda Begum v: Shameem Ahmed 1994 SCMR.791 fol. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(a)---Subletting of premises by tenant without consent of landlady---Plea of tenant was that alleged sub-tenant was only his financial partner in business under Partnership Deed executed between them---Partnership Deed produced along with written statement clearly preserved rights of tenant by mentioning that in the case of dissolution of firm, right of tenancy of tenant would not be affected and he would remain tenant of- premises---Husband of landlady as her attorney deposed that she herself had heard that sub-tenant was paying rent to tenant--­Landlady herself did not enter, witness box to utter such words--­Landlady had remained silent for about two years, though' having knowledge about running of business in premises lay both tenant and sub­tenant---Provisions of S.15(2)(iii)(a) of Sindh Rented Premised Ordinance, 1979 would not be attracted, where tenant took a working partner or financial partner bonafidely and retained physical possession of premises by silting therein for carrying on business ---Ejectment petition was dismissed in circumstances. Grindlays Bank Limited and another v. Messrs Alliance Commercial Corporation 1984 CLC 2336; Mst. Sayyeeda Khatoon v. M.A. Agha 1990 MLD 1715; Khalil-ur-Rahman v. Mst. Nargis Begum 1993 CLC 246; Hassan Abbas Zaibule v. Abdullah 1994 CLC 555 and Muhammad Subhan and another v. Mst.…

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