2012 SCMR 254 SUPREME-COURT

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HYDER ALI BHIMJI VS VITH ADDITIONAL DISTRICT JUDGE, KARACHI (SOUTH) 1994 SCMR 1507, 1994 SCMR 791, 1998 SCMR 2656, 2009 SCMR 893, PLD 1974 SC 351, PLD 1982 SC 79, Ejectment of Tenant--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)--- Ejectment of tenant--- New plea, raising of---Landlord sought ejectment of tenant on the ground that he formed two independent business entities and sublet the rented premises to those business entities, without his permission---Rent Controller dismissed the ejectment application but Lower Appellate Court and High Court concurrently passed eviction order against the tenant---Validity---Tenant did not plead or depose before Rent Controller that company or firm were his licencees and were so inducted in demised premises to do business of tenant or their own---Tenant also failed to raise such plea before Lower Appellate Court, similarly neither in constitutional petition nor during arguments before High Court the tenant premise his case on the licencee status of the company/firm---Plea of tenant having never been raised before any forum or the courts by tenant, could not be considered for the first time by Supreme Court, particularly when no evidence on record existed to substantiate such a plea---Tenant without written consent of landlord, had handed over legal and physical possession of demised premises to the firm/company and other sharers therein by allowing the entities to operate/do business therefrom---Supreme Court declined to interfere in eviction order passed by two courts below---Appeal was dismissed.