Law: Sindh Rented Premises Ordinance (XVII of 1979)

Section: 15

(a)-Sindh Rented Premises Ordinance (XVII of 1979)--S. 15---Ejectment of tenant---Subletting of rented premises---Use of premises by company, rented in the name of Director--­Effect---Premises was leased out to Managing Director of limited company and the same was being used by the company---Contention of the landlord was that the Managing Director had sublet the premises to the company----Validity---Even if the Director was occupying the case premises even then such possession was in the capacity of Managing Director of the company and not in his personal capacity and that the business which was being managed and looked after in the case premises also belonged to the company---Company incorporated under the Companies Act/Ordinance was a separate legal entity and the same could not be considered or construed as a sole proprietorship concern of any individual--­Landlord had succeeded to prove that the Managing Director/tenant had sublet the premises to the company---Dismissal of ejectment application by Rent Controller being illegal, the same was set aside by High Court ---Ejectment was allowed in circumstances. Muhammad Subhan and another v. Mst. Bilqees Begum through Legal Heir and 3 others 1994 SCMR 1507(2); Nasir Mehmood v. Mustajabi Begum 1983 CLC 282; Muhammad Yousuf and 5 others v. Adam Ali and 4 others 1981 CLC 596; Motal Bai v. Abdul Aziz and others PLD 1968 Kar. 635; Khuda Bux v. Syed Badrul Hasan PLD 1968 Kar. 657 and Messrs Franksons & Co. v. Mian Muhammad Hussain 1983 CLC 1042 ref. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ---S.15--Ejectment of tenant---Subletting of premises---Waiver and estoppel, principle of---Applicability---Tenants had failed to show that at any stage before filing of ejectment cases against them, the landlord acknowledged subletting or that due to their acts of omission or commission the landlord waived right for seeking eviction of the tenant on that account---Effect---Plea of estoppel and waiver raised by the tenants was not applicable in circumstances. Manekje Mobed and another v. Shah Behram and others PLD 1974 SC 351 and Muhammad Saleh v. Muhammad Shafi 1982 SCMR 33 fol. ORDER By this common order I…

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