1987 PLD 116 KARACHI-HIGH-COURT-SINDH

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ZAINAB BAI VS SAFIUDDIN Sindh Rented Premises Ordinance 1979--15 , S. 15-Default in payment of rent and infringement in conditions of agreement-Finding of Rent Controller that no default was committed by tenant not challenged by landlord-As for infringement, lease agreement already expired and no fresh agreement executed--Landlord failing to examine any Engineer or Expert to show that by acts of tenant material value or utility of premises had been affected-Rent Controller, while stating that loss of casement was a material impairment which diminished rental value of apartment, giving no reason therefor-Tenant only making minor alteration which was not likely to impair material value or utility of premises--Order of eviction passed by Rent Controller on ground of impairment of material value or utility of premises set aside in circum. stances.