1995 CLC 63 LAHORE-HIGH-COURT-LAHORE

Full text

KHADIM HUSSAIN VS MAHBOOB ELAHI KHAWAJA West Pakistan Urban Rent Restriction Ordinance 1959--13 , West Pakistan Urban Rent Restriction Ordinance 1959 Ss. 13(2)(ii) & 15(6)---Ejectment of tenant on ground of subletting of premises---Person impleaded as sub-tenant was admittedly in occupation of premises any d lie had taken different stands on different occasions as to his capacity as occupier of the same---Evidence of tenant clearly showed that he was no longer occupying premises in question but same were being occupied by sub-tenant---Tenant was liable to be ejected not only when he had sublet premises but also when he had transferred his rights under the lease---Tenant's plea that in absence of any evidence to prove payment of rent by sub-tenant his eviction could not be ordered on ground of subletting was not sustainable---Concurrent findings of Courts below on question of subletting being unexceptionable would not warrant interference in second appeal.