2009 CLC 1232 KARACHI-HIGH-COURT-SINDH

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KHALIL AHMAD ALLAHWALA VS Mst. ZAINAB 1986 MLD 985, 1994 SCMR 1507, 2001 MLD 648, PLD 1974 SC 351, PLD 1982 SC 79, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Determination--TERM , Ejectment of Tenant--TERM , Proof--TERM , Sindh Rented Premises Ordinance 1979--15 , S. 15---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment of tenant---Nature of premises---Determination---Short tender of monthly rent---Effect---Sub-letting---Proof---Concurrent findings of fact by the Courts below---eviction order was concurrently passed by Rent Controller and Lower Appellate Court against tenant, who claimed that according to tenancy agreement the premises was commercial and not residential---Validity---Tenant failed to prove tenancy agreement by calling signatory and marginal witnesses in witness-box nor any plea regarding nature of demised premises was taken in written statement leading to framing issue and consequent adjudication on the basis of pleadings and evidence, whereas other floors of building were being used for residential purposes---Tenant failed to explain short tender of monthly rent nor he placed on record explanation as to when rent was deposited in Court---Company (limited) was carrying on business in the demised premises which was distinct legal entity, which had its directors and had its own independent rights and liabilities with respect to third parties including landlady and tenants---High Court declined to upset concurrent findings of Courts below---Petition was dismissed in circumstances.