2010 MLD 665 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASGHAR VS ABDUL REHMAN Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15(2)(iii)(a)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Subletting---Proof of---Tenant had admitted in his cross-examination that two occupants of shops in the premises in question were paying rent; he however, did not specify the amount as according to him rent was being collected by his brother which had clearly proved that strangers who were running business in part of the rented premises, were paying rent which was clear admission of creation of sub-tenancies---If at all subletting existed prior to settlement of compromise in the first round of litigation and landlord at the time of reaching the compromise intended to condone same, then that should have been stated so in the said compromise, but that was not done---Whole compromise proceeded on the assumption that the rented premises, in its entirety, would be exclusively under the use and occupation of the tenant---Right of any stranger or a sub-tenant was not recognized in the compromise---By allowing strangers to occupy part of the rented premises against payment of rent, tenants had indulged in the act of subletting making them liable for eviction---Constitutional petition was allowed only on the ground that part of the rented premises had been let out by the tenants on rent, thereby committing the act of subletting without seeking written permission of the landlord.