2010 MLD 665 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASGHAR VS ABDUL REHMAN 1994 SCMR 1507, 2000 CLC 997, PLD 1974 SC 351, PLD 1982 SC 79, PLD 2005 Kar. 30, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979--21 , Ss. 15(2)(iii)(a) & 21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant on ground of subletting---Landlord seeking ejectment of tenant on ground of subletting had submitted that originally the business of the restaurant was being run by the father of the respondents, but subsequently a partnership firm was formed and respondents were inducted as tenants; and that by itself amounted to subletting which had made them liable for eviction---Validity---Business of the firm was being run by a firm wherein father and sons were partners and after the death of father only his sons were continuing with the business of said firm---As it had not been established that any outsider had been inducted in the partnership business of the firm, it could not be said that there was any act of subletting committed on such account---Such act could not be regarded as subletting just because after the death of the father his sons, as his successors and co-partners continued with the business of the firm.