2004 SCMR 415 SUPREME-COURT

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MUHAMMAD SULEMAN VS ABDUL SATTAR Appeal--TERM , Cantonments Rent Restriction Act 1963--24 , Constitution of Pakistan 1973--185 , ----S.24---Constitution of- Pakistan (1973), Art. 185(3)---Appeal--Maintainability---Failure to implead necessary parties---Plea of subletting of premises was raised by landlord---Rent Controller allowed ejectment application and eviction order was passed against tenants---Original tenant did not file any appeal against the eviction order but the petitioner who was occupant of the premises filed the appeal---High Court dismissed the appeal on the ground of non-impleading of the original tenant in the appeal---Contention of the petitioner was that he was in possession of the premises as tenant in his own right, therefore, defer; of non-impleading of original tenant in appeal would not render same incompetent---Validity---Original tenant was necessary party, therefore, failure to implead him was fatal to the appeal---Premises was rented out to original tenant and the tenancy continued in his name without any change till the filing of ejectment petition by the landlord---In absence of any proof of delivery of possession of premises to the petitioner by original tenant with the permission of landlord or acknowledgement of the status of the petitioner as tenant of the premises, the petitioner would be deemed to be in occupation of premises through original tenant and would have no independent right to retain the possession and resist the ejectment ---Supreme Court declined to interfere with the judgment passed by High Court---Leave to appeal was refused.