2024 CLC 1966 PESHAWAR-HIGH-COURT

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RAHIM ULLAH VS Mst. YASMEEN BIBI S.13(2)(ii)(a)---Ejectment of tenants---Sub-tenant, status of---Demised property was rented out to the tenants with condition of construction, who without permission of landladies further sublet the same to first subletees and the said subletees sublet the same to second subletees---Tenants admitted subletting owing to insufficient amount for construction---Contention of the subletees was that they spent huge amount on construction of premises, thus, they could not be evicted from the premises---Validity---Undisputedly, the second subletees had got no nexus with the ownership of the property and similarly they had never entered into any agreement with the landladies---It was also an admitted fact that the second subletees were in possession of the property being the licensee of first subletees, as such, both the subletees had no nexus or relationship with the landladies and both the subletees had been given the possession of the property by the tenants, thus, any amount spent by first subletees on construction of the building as alleged by them was a matter for settlement between the tenants and both the subletees---Sub-tenant had no independent right of his own and had to stand or fall, sail or sink with the tenants and had no right to claim tenancy or pay rent or file appeal against orders of ejectment, because sub-tenant, who had taken the possession or was put in possession without the consent of landlord, was unauthorized possessor of the property---High Court maintained the eviction order passed by both the courts below and dismissed the constitutional petition accordingly.