1981 PLP 1380 (CLC)
S. M. YOUNUS AND 2 OTHERS ‑Appellants Versus MESSRS PREMIER MERCANTILE SERVICE, KARACHI AND
| Citation | 1981 PLP 1380 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | S. M. YOUNUS AND 2 OTHERS ‑Appellants Versus MESSRS PREMIER MERCANTILE SERVICE, KARACHI AND |
Q1: What are the key laws and sections cited in 1981 PLP 1380 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1380 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1380 (CLC) (S. M. YOUNUS AND 2 OTHERS ‑Appellants Versus MESSRS PREMIER MERCANTILE SERVICE, KARACHI AND). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- N. R. Dubash for Respondents.
Headnotes / Summary
S. 13 (2) (ii) (a)‑Subletting premises‑‑Tenant (partnership firm) incorporating itself into limited Company‑No evidence of mixing up of Directors' assets with those of Company and of treating Company as mere partnership firm and using name of Company as mere cloak‑‑No justification, in circumstances, held, existed to give go‑by to theory of separate entity‑Company, field further, a separate entity from partnership firm hence case one of subletting and both tenant and sub‑tenant liable to ejectment.
Judgment & Decree
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑
S. 13 (2) (ii) (a)‑Subletting premises‑‑Tenant (partnership firm) incorporating itself into limited Company‑No evidence of mixing up of Directors' assets with those of Company and of treating Company as mere partnership firm and using name of Company as mere cloak‑‑No justification, in circumstances, held, existed to give go‑by to theory of separate entity‑Company, field further, a separate entity from partnership firm hence case one of subletting and both tenant and sub‑tenant liable to ejectment. Salomon v. Saloman 1897 A C 22 ; The President v. Mr. Justice Shaukat Ali P L D 1971 S C 585 and Manek J. Mobed v. Shah Behram P L D 1974 S C 351 rel. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)‑‑‑ ‑‑ S. 13 (2) (ii) (a)‑‑Assignment of tenancy‑Sub‑tenant Company taking over business of tenant partnership firm paying rent all along and in possession of premises‑Held, assignment of tenancy made by tenant (partnership firm) in favour of sub‑tenant (Company) and same being not permissible in law tenant and sub‑tenant both liable to ejectment. Hassan Akhar for Appellants. N. R. Dubash for Respondents. Dates of hearing : 18th and 22nd December, 1980.