1989 SCMR 234 SUPREME-COURT

Full text

ROSHAN ALI BHIMJEE VS STANDARD INSURANCE COMPANY LTD. Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--15 , ---S. 15--Constitution of Pakistan (1973) Art. 185(3)--Rent Controller, on basis of evidence produced before him rejecting assertion of landlord that he bona fide required premises for his own use but accepting plea of subletting and ordered tenant's eviction on that ground--high Court also took same view and held that allegations of subletting was established upon parting with possession of premises by tenant to a Company and on this view of case dismissed tenant's appeal against eviction on ground of subletting--Leave to appeal granted to consider contention th0t High Court had fair a to appreciate that the tenant had been in possession of premises personally throughout and by mere fact that he was Chairman of Company did not tantamount to parting with possession or handing over of possession of demised premises or subletting thereof to aforesaid company.