2010 MLD 665 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASGHAR VS ABDUL REHMAN 1987 MLD 888, 1993 MLD 219, Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Sindh Rented Premises Ordinance 1979--15 , Ss. 15(2)(iii)(c) & 15(2)(iv)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Impairing material value or utility of premises by making additions and alterations---Landlord sought ejectment of tenant on the ground that tenant by making additions and alterations in the premises in question had impaired its material value and utility--- "Additions "--- "Alteration "---Connotation---Under terms of settlement arrived at between the parties during earlier round of litigation, it was stipulated that the landlord would not make any addition or alteration in the premises without the written permission of the landlord-'Addition' would mean to add a new structure to the existing structure that was originally rented out---Nature of any `addition', whether temporary or permanent would be regarded as addition---'Alteration' would mean that portion of the existing structure was so altered that it wholly or partially had changed its original shape or utilization---`Additions' and `alterations' were only permissible if tenant would obtain prior written permission from his landlord; however, where any repair and renovation work was carried out with the object of putting the rented premises to only a more comfortable or effective utilization and such repairs and renovations by no means added to or altered the original structure which was handed over at the time of creation of tenancy, there also was no likelihood that repairs and renovations would impair the material value or utility of the rented premises, then the landlord would not become entitled to seek ejectment of tenant on such account---Unless while carrying out repairs and renovations such acts were committed which were likely to diminish the material value or utility of the premises, ejectment could not be granted---Any likelihood of impairment in the value and utility of the premises was to be established through evidence and burden to establish that solely rested with the landlord---Appellate Court having found no evidence with regard to impairment in the value and utility of the premises; and no expert/technical witness was examined by the landlord, it had rightly reverted the findings of the Rent Controller on such ground---No addition or alteration had been established so as to warrant eviction of tenants on such ground, in circumstances.