2017 YLR 1873 KARACHI-HIGH-COURT-SINDH

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SAMIUR REHMAN VS IIND ADDITIONAL DISTRICT JUDGE, SOUTH KARACHI 1986 CLC 953, 1989 MLD 2071, 2001 YLR 58, 2002 MLD 597, PLD 1967 Kar. 449, PLD 1974 SC 351, PLD 1996 Kar. 109, Eviction of tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---eviction of tenant---Sublet, proof of---Change of status of tenant---Tenant was a partnership firm which was incorporated as private limited company---Landlord sought ejectment of tenant on the plea that Managing Partner had sublet premises to a company---Ejectment application filed by landlord was dismissed by Rent Controller but Lower Appellate Court reversed findings and passed eviction order---Validity---In order to prove mischief of subletting as ground for eviction under law, two ingredients had to be established; (i) parting with the possession of tenancy by tenant in favour of third party with exclusive right of possession; and (ii) such parting with possession was done in lieu of compensation or rent---Tenant, in the present case, was actively associated with partnership business and retained control over tenancy premises with him---Tenant had not parted with possession---By incorporating business as private limited company, tenant had not sublet the premises---High Court set aside order passed by Lower Appellate Court as same was neither based on true appreciation of facts nor correct legal standards were applied---Constitutional petition was allowed under circumstances.