1996 PLD 109 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD SHAFI VS STATE LIFE INSURANCE CORPORATION OF PAKSITAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(iii)(i) --- Subletting --- Tenant initially was running a "proprietorship concern", but later on it was changed into "partnership concern" whereby two of the tenant's brothers were inducted as partners in the concern without permission of landlord --- Tenant or his brothers had neither informed landlord that tenancy of proprietorship concern had been changed into partnership concern nor made any request for change of receipt of rent in the name of partnership-concern --- Tenant had himself admitted in his cross-examination that all partners of concern would have right, title and interest in the tenancy, goodwill of business and assets according to their shares --- Tenant after converting his sole proprietorship into partnership-concern had created right, title and interests in the tenancy of premises in question in favour of his co-partners as well --- Co-partners, thus would be deemed to be in possession of premises in question alongwith the tenant --- Mere fact that tenant also remained in possession of premises in question alongwith this co-partners, -would not mean that there had been no contravention or breach of terms of tenancy or provisions- of S.15(2)(iii)(a) of Sindh Rented Premises Ordinance, 1979 --- Acceptance of rent by landlord from tenant after creation of partnership concern from proprietorship concern, would also not amount to waiver or acquiescence on the part of landlord to prevent him from seeking eviction of tenant from premises in question. on ground of subletting and rent deposited-by partnership-concern in Court would not amount due tender by tenant under the law.