2005 SCMR 840 SUPREME-COURT

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Haji SAID WAHAB KHAN VS AMJAD ALI Constitution of Pakistan 1973--185 , Constitution of Pakistan 1973--199 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---S. 13(2)(ii)(a)---Constitution of Pakistan (1973), Arts.199 & 185(3)---Ejectment of tenant---Subletting of premises---Landlord filed ejectment application on the ground of default in payment of monthly rent and also subletting the premises by the tenant---Rent Controller allowed the application and eviction order was maintained by Appellate Court---High Court in exercise of Constitutional jurisdiction set aside the concurrent orders passed by both the Courts below---Plea raised by the landlord was that the tenant had sublet the premises without his permission/consent---Validity---No written consent of landlord was either pleaded or proved by the tenant---Landlord having not consented in writing, he could rightly challenge the subletting which was admitted by the tenant---Tenant was liable to be ejected and High Court should have avoided interference in the concurrent findings and that too in exercise of powers under Art.199 of the Constitution---Supreme Court converted petition for leave to appeal into appeal and set aside the order passed by High Court---Supreme Court directed the tenant to handover vacant possession of the premises to landlord---Appeal was allowed.