1978 PLD 347 LAHORE-HIGH-COURT-LAHORE

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MST. AKHTAR SULTANA VS DR. ABDUR RAUF NAGI West Pakistan Urban Rent Restriction Ordinance 1959--13 , S. 13(2) (iii)-Material impairment of utility of building-eviction of tenant-Word "utility" in cl. (iii) of S. 13(2)---Used in its general sense for usefulness and profitableness -Structure in building under lease no materially changed by tenant as to render it beyond recognition--Present use of building for purposes of a clinic though very useful for a practising doctor (respondent tenant) vet its general usefulness materially impaired-Proposed reconstruction plan indicating entire removal of almost all structures constructed by tenant, acts of respondent-tenant. held, materially impaired utility of building and respondent liable to eviction on such ground alone. S. 13(2) (vi) "Reconstruction"- Held : Not necessary in every case for landlord to prove demolition of entire building and to rebuild ; new one in order to succeed in eviction of tenant-Reconstruction to relate to a substantial part only.--[Words and phrases].