2005 SCMR 1476 SUPREME-COURT

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SADAT ALI BAIG and others VS BUX ILLAHI Sindh Rented Premises Ordinance 1979--15 , ---S. 15(2)(iii)(c)---Ejectment of tenant---Change in original structural plan of premises---Violating tenancy agreement---Ejectment application was accepted by Rent Controller and eviction order was passed on the ground that the tenant had demolished a wall in-between the shop and the store---High Court in exercise of appellate jurisdiction set aside the eviction order passed by Rent Controller-Validity-By demolishing the wall, tenant had contravened terms and conditions of admitted tenancy agreement which was violative of S.15(2)(iii)(c) of Sindh Rented Premises Ordinance, 1979---Finding of Rent Controller on the issue was based on proper appreciation of evidence on record---Such evidence from the side of landlord could not be rebutted by the tenant---Finding of Rent Controller on the issue could not have been interfered with by High Court by only citing the case-law which in fact did not apply to the facts and circumstances of the case---Case of tenant was total denial of existing wall which existed in-between the shop and store---Removal of the wall on the part of tenant amounted to change in the original structural plan of shop premises which plan was approved by the Development Authority---Reversal of such finding by High Court was not based on proper appreciation of evidence on record and law---Judgment passed by High Court was set aside and eviction order passed by Rent Controller was restored---Appeal was accepted.