2024 SCMR 1560 SUPREME-COURT

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ASHFAQ HUSSAIN VS GHULAM NABI Ss. 15 & 18---eviction petition---Death of original tenant---No intimation of such death to the landlord---Subletting without consent of landlord---Respondent (current occupant of subject premises) had admitted that he never informed the landlords/petitioners about the death of his grandfather, who was the original tenant inducted by the petitioners---Moreover, the respondent had himself admitted in his cross-examination that some doctors had been running a clinic in the subject premises/shop; he also admitted that he entered into a partnership in respect of the subject premises/shop with three doctors---Respondent had also admitted that the petitioners/landlords were not aware about the registration of said clinic and he never informed them about it---Section 15 of the Sindh Rented Premises Ordinance, 1979 (SRPO, 1979) envisages the various grounds on the basis of which the landlord may seek eviction of the tenant including the ground of default in payment of rent and subletting of any rented premises without the written consent of the landlord---It appeared from the record of the present case that the evidence of the parties adduced before the Rent Controller had not been properly appreciated and discussed in the impugned judgment of the High Court---Impugned judgment was, therefore, set aside and the case was remanded to the High Court to decide it afresh after providing an opportunity of hearing to both the parties and after evaluating the evidence available on the record.