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Second Appeal No. 91 of 1977, decided on 18th January, 1981.
-----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.
‑‑ 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.
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