| Citation(s) |
|---|
| 1983 SLG 624 1983 SLD 624 = 1983 PLD 162 |
Second Appeal No. 365 of 1978, decided on 2nd November, 1982.
Before B. G. N. Kazi, J
Liaquat Merchant with Ismail Merchant for Appellant. Mirza Saeed Baig for
Respondent. Dates of hearing : 18th and 21st October, 1982.
MUHAMMAD MIRZA-Appellant '
VERSUS
MUHAMMAD HUSSAIN GANI-Respondent
Law: West Pakistan Urban Rent Restriction Ordinance 1959.
Section: 13(2)(iii) ,15(4)
(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)
-- S. 13(2)(iii)-Ground of alterations and additions in tenement without permission Ejectment on-In deciding ejectment application on ground of alterations and additions without permission, both Rent Controller and Additional District Judge not considering and discussing matter as to material impairment of value and utility of building and considering only aspect of breakage rather than repaired position of building-Held, for deciding whether value and utility of building impaired, entire aspect of changes have to be considered minutely and mere statement about alleged additions or alterations cannot be considered sufficient for making tenant liable to eviction.