1985 CLC 993 KARACHI-HIGH-COURT-SINDH

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TAHIR SHAIKH VS AHMAD A. DAMA Sindh Rented Premises Ordinance 1979--21 , West Pakistan Urban Rent Restriction Ordinance 1959--13 , ---Ss. 15 & 21--West Pakistan Urban Rent Restriction Ordinance (VI of 1959), S.13--Ejectment--Subletting--Premises rented out to original tenant (a sole proprietorship firm) but later on such tenant underwent change in their status and became a partnership firm with same nomenclature--No step taken by original tenant to assign or transfer their vested tenancy rights to newly partnership firm--Change amounts to subletting and without express permission of landlord--Tenant (partnership firm) issued cheque for payment of rent to landlord--Tenant (partnership firm) stepped into shoes of original tenant (sole proprietorship firm), in circumstances--Landlord though not giving his express approval to accept tenant's latter agency with new status of partnership firm as his tenants yet he had impliedly allowed them to continue in possession of disputed premises and pay rent in respect thereof-Landlord, held, would be regarded to have waived iris right of seeking eviction of tenant with status of partnership firm on ground of subletting in circumstances.