1982 SCMR 8 SUPREME-COURT

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FAZAL ELAHI VS MUHAMMAD AYUB Eviction--TERM , --S. 13(2)(iii)-eviction-Material impairment of value and utility of buildings-Burden of proof-Landlord failing to discharge onus of proof lying upon him to establish allegation of tenant having caused damage to property by using bath rooms and latrines in such a way that water leaked towards lower floors-Evidence of both parties even if kept in juxtaposition, tenant's evidence of far better value and on higher level than vague allegations made by landlord's witnesses-Conclusion that condition of building deteriorated materially after creation of tenancy in favour of tenants appellants, in circumstances, held, not correct-Observation of lower Court that question could be disposed of on ground of landlord having not been bound in duty to be always ready to repair building as soon as tenants caused damage, held further, not relevant, question, on other hand, being whether tenants did actually cause damage as alleged. Shujahuddin Qureshi v. Hussan Ara Begum P L D 1964 Lah. 292 distinguished.