Ahsan Ali vs Ali Ghulam Khoso Ss — 2026 YLR 492 KARACHI-HIGH-COURT-SINDH

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Ahsan Ali VS Ali Ghulam Khoso Ss.13 & 15---Eviction proceedings---Tenant subletting demised premises without landlord's written consent---Impermissibility---Sub-lessee failing to establish lawful possession---Sub-lessee claiming ownership of demised premises on the basis of a mere sale agreement---Legality---Sale agreement---Nature and legal effect---Sale agreement not being adocument of title and having limited evidentiary value---Claim of ownership by tenant or sub-lessee in rent proceedings---Scope and limitations---Situation where tenant or sub-lessee asserts ownership of demised premises---Mandatory legal course highlighted---Obligation to vacate the premises and pursue civil remedy before competent forum---Principle---The petitioner, owner/landlord, rented out the demised premises to respondent No.1/tenant under a rent agreement in 1988 containing a prohibition against subletting; however, in 1990, respondent No.1 sublet the premises to respondent No.2 without the petitioner's (landlord) written consent and in some instances possession was further handed over to respondent No.3, while rent fell into arrears---The petitioner filed rent applications seeking eviction and recovery of arrears, which were allowed by the rent controller; first rent appeals filed by the respondents were allowed by the appellate court, reversing the rent controller's findings---The petitioner thereafter filed constitutional petitions under Article 199 of the Constitution challenging the appellate judgments---Held: Record showed that respondent No.2 (sub-lessee) although denied relationship of landlord and tenant with the petitioner (landlord), however, he had failed to produce any ownership documents and/or to prove his legal possession over the demised property---In the evidence respondent No.1 (tenant) candidly admitted that he entered into rent agreement with the petitioner (landlord) and that he sublet the demised premises to respondent No.2 and that since he did not receive payment from respondent No.2 as such he could not pay the same to the petitioner---Appellate Court completely lost sight of the fact that respondent No.2 failed to justify his possession over the demised premises---Under S.15(2)(ii) of the Sindh Rented Premises Ordinance, subletting without the landlord's written consent constituted a valid ground for eviction---In so far as findings of appellate court with respect to criminal case was concerned it was well settled that standards of appraisement of evidence in criminal and civil case were altogether different therefore, findings of a criminal court were not binding on Civil Court---Respondent No.2 (sub-lessee) relying on a sale agreement did not suffice for the purpose of establishing his proprietary right over the property since sale agreement was not a title document---Petitioner (landlord) successfully proved that he was owner/landlord of the demised premises and respondent No.1 (tenant) committed default in payment of rentals and that he had further sub-let the demised premises without petitioner's (landlord) written consent---Moreover, where tenant claimed ownership rights over the property then he was legally mandated to vacate the premises, pursue civil remedy and upon a favorable judgment, regain possession of the property---High Court under its constitutional jurisdiction intervened in the matter since Appellate Court exceeded jurisdiction vested in it which resulted in miscarriage of justice---Impugned judgment of appellate court was set aside and orders passed by rent controller were restored---Constitutional petition was allowed, in circumstances.

Ahsan Ali vs Ali Ghulam Khoso Ss — 2026 YLR 492 KARACHI-HIGH-COURT-SINDH

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