1998 SCMR 2656 SUPREME-COURT

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HABIBULLAH VS RENT CONTROLLER, PESHAWAR Sindh Rented Premises Ordinance 1979--15 , West Pakistan Urban Rent Restriction Ordinance 1959--PREAMBLE , -----S.13(2)(ii)(a)---Sindh Rented Premises Ordinance (XVII of .1979), S.15(2)(iii)(a)---Constitution of Pakistan (1973), Art. 185---Effect of subletting under provisions of West Pakistan Urban Rent Restriction Ordinance, 1959 and that of Sindh Rented Premises Ordinance, 1979---While parting with possession of premises would constitute ground for eviction under Sindh Rented Premises Ordinance, 1979 i.e. something which would imply divestment of legal possession by tenant as distinguished from mere permission, for use or shared occupancy; under West Pakistan Urban Rent Restriction Ordinance, 1959, similar or even smaller deviation viz. transfer of tenants' right under the lease, such as assignment or subletting of entire building or rented land or any portion thereof was envisioned to furnish ground for eviction---In either case, however, there should be manifest transfer of estate and divestment of legal possession of tenant.