1986 SCMR 1394 SUPREME-COURT

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MRS. SHAHNAZ SEHGAL VS MRS. FATIMA ASHRAF Constitution of Pakistan 1973--185 , Sindh Rented Premises Ordinance 1979--16 , ---Art. 185(3)--Sind Rented Premises Ordinance (XVII of 1979), S.16-Petitioner sub-tenant of premises in dispute, inducted to a part of premises with permission of landlord, paying rent first to original tenant and then depositing same in Court--On failure of original tenant to comply with tentative rent order, Rent Controller striking off defence and ordering vacation of building--Petitioner's appeal challenging order of Rent Controller to handover vacant possession, dismissed by High Court--Contention of petitioner that High Court failed to appreciate that petitioner was a sub-tenant in respect of a portion of disputed premises in her possession with express consent of landlord and he had been paying rent not to landlord but to original tenant who was for purposes of law her landlord had since petitioner had denied relationship of landlord and tenant between herself and original landlord a it was incumbent upon Rent Controller to decide this question as a preliminary issue before ordering her eviction from