1995 MLD 1002 LAHORE-HIGH-COURT-LAHORE

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MAHBOOB ILAHI KHAWAJA VS KHADIM HUSSAIN West Pakistan Urban Rent Restriction Ordinance 1959--15 , ----Ss. 13(2)(ii) & 15(6)---Subletting---Ejectment of tenant on ground of subletting was affirmed by First Appellate Court---Validity---Once occupation of third person was established on record, tenant had to show thereafter, the capacity in which that person was in possession--Evidence on record amply established that tenancy had been surrendered in favour of sub-tenant without permission of landlord---Tenant was liable to be ejected not only when he had sub-let premises but also when he had transferred his right under the lease---Tenant's plea, that in absence of any evidence to prove payment of rent by Sub-tenant to tenant, his eviction could not be ordered on ground of sub-letting, was not sustainable ---Concrurrent findings recorded by both Courts below were unexceptionable and warranted non-interference in second appeal.