2018 SCMR 443 SUPREME-COURT

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STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS SAMI-UR-REHMAN S. 15(2)(iii)(a)---Ejectment of tenant---Grounds---'Handing over of possession' of rented premises to some other person without consent of landlord---Scope---Contention of landlord was that tenant was liable for ejectment for "handing over of possession to some other person " as according to the landlord the tenant without the written consent of the landlord converted his sole proprietary concern into a private limited company and handed over the possession of the said premises to the limited company which was a juristic person and a separate entity and therefore, had sublet the premises and rendered himself liable to ejectment; held, that the tenant had converted his sole proprietary concern into a private limited company and at present the said private limited company was conducting business in the subject premises---Rented premises had been handed over by a natural person i.e. tenant to a juristic person i.e. private limited company---Distinct legal entity independent and separate from its Directors had come into exclusive possession of the rented premises which was running business therein, paying taxes in its own name, depositing rent with the Rent Controller from its own accounts and such change had been brought without the consent or even the knowledge of the landlord which exposed the tenant to the consequences as provided under S. 15(2) of the Sindh Rented Premises Ordinance, 1979---'Handing over of possession" of the rented premises to some other person under S. 15(2)(iii)(a) of the Ordinance exposed a tenant to eviction---Supreme Court directed the tenant to hand over the vacant peaceful possession of the premises in question to the landlord within 30 days--- Appeal was allowed accordingly.