1999 SCMR 54 SUPREME-COURT

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ORGANON PAKISTAN (PVT.) LTD. VS RAFAT ALI KHAN Sindh Rented Premises Ordinance 1979--15 , Sindh Rented Premises Ordinance 1979 S. 15(2)(iv) --- Constitution of Pakistan (1973), Art. 185(3)---Impairing material value or utility of premises --- Nature --- Principles --- eviction of tenant was ordered on the ground that he had committed such acts which were likely to or had actually impaired material value or utility of premises --- Validity--Structural changes alone would not be construed as giving rise to case of eviction, still structural additions or alterations would furnish strong foundation for eviction on that score --- Even temporary changes could furnish cause for eviction --- Non-examination of qualified person i.e. architect might not be requisite in a given case --- Evidence of landlord; supported by record, would be sufficient to justify eviction on ground of actually impaired material value or utility of premises --- Conclusive factor in every case being whether or not there had actually been or likelihood of material impairment, either of value or utility of premises or both --- Structural changes in premises if brought with consent of landlord would have been condonable but landlord's consent was not shown to have been obtained before such changes were brought out or after the same were effected --- Tenant at no stage had offered to indemnify landlord by placing reasonable funds with him for due restoration, if and when premises in question reverted to him --- Landlord's case was, thus, fit one in which eviction should have been ordered --- Courts below had, thus, rightly ordered eviction of tenant for having impaired value or utility of premises --- Leave to appeal was refused in circumstances.