1989SCMR234 (PLP)

ABDUL KADIR SHAIKH,J.‑‑This is a petition for leave to appeal from the Judgment of a learned Judge of Sind High Court dated 15‑1‑1986 by which petitioner's appeal was dismissed and the order of the learned Rent Controller directing his eviction from the demised premises was upheld. Facts briefly stated are as under:‑‑ In January, 1981, respondent‑company fled an ejectment application against petitioner on the ground that they bona fide required the demised premises for their use and petitioner was also liable to eviction as he had unauthorisedly handed over possession of the premises to Eastern Federal Union Insurance Company. Petitioner denied both these assertions. As regards the second allegation he asserted as under:‑‑ "It is submitted that the opponent (petitioner) has been the Managing Director of Eastern Federal Union Insurance Co. Ltd., for several years" past and is currently its Chairman for the last about six years. The opponent (petitioner) has been and is doing business of all the companies, firms and associations including Eastern Federal Union Insurance Co. Ltd., of which he is either partner, owner, patron or Chairman in the premises in case since the inception of tenancy in the year 1959 and the board in question has been there all along. His association with the Eastern Federal Union Insurance Co. Ltd., is over 19 years, a fact well‑known to the applicants (respondents) and the premises were all along being used by the opponent (petitioner) for the purposes of business of Eastern Federal Union Insurance Co. Ltd., in his capacity as first its General Manager, than Managing Director and now Chairman, all these long years without protest, objection and demur by the applicants and their predecessor‑in‑title." Learned Rent Controller on the basis of evidence produced 6y, the parties took the view that respondent had not satisfactorily proved the assertion that they bona fide requires the premises for their own use, but he accepted the other plea raised by the respondents and held that the respondent `has been able to establish the case on the point of subletting. He accordingly directed petitioner's eviction by the order dated 29‑11‑1984. On appeal by petitioner learned Judge in the High Court also took the same view as the learned Rent Controller and held that the evidence produced on record "was quite sufficient to establish the allegation of subletting upon parting with possession of the premises by the appellant (petitioner) to Eastern Federal Union Insurance Co.". and on this view of the case he dismissed petitioner's appeal. ' Mr. Fakhruddin G. Ebrahim, learned counsel appearing in support of I this petition for leave to appeal submitted that the learned Single Judge in the High Court failed to appreciate that the petitioner has been in possession of the premises personally throughout, and by the mere fact that he is Chairman of the Eastern Federal Union Insurance Company does not tantamount to parting with possession or handing over of the possession, of the demised premises or sub letting thereof to the aforesaid company. This submission, amongst other, deserves consideration. We, therefore, grant leave to appeal and allow the petition. Security Rs. 2,

500. The appeal will be heard in the present record, but it is open ton the party to file additional documents. Petitioner shall not be evicted from the demised premises till the appeal is decided. M.Y.H./R‑65/S Leave to appeal granted.