Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---S. 13(2) (ii) (b) Ejectment Tenant converting one room of house for commercial purposes, without written consent of landlord Such act, held, falls within mischief of S. 13(2) (U) (b). (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)---Ss. 2(d), 11 & 13 Ejectment Conversion of building Sections 2(d) & 11 interlinked Part of residential building converted to commercial use by tenant without written consent of landlord Case, held, covered by provisions of S. 13. Mamoon Kazi, Advocate and A. Aziz Khan, Advocate on Record for Petitioner. Nemo for Respondent. Date of hearing: 25th March, 1980. ORDER G. SAFDAR SHAH, J: The petitioner, vide written agreement, dated 22 8 1971 got on rent from the respondent House No. 12 S/2, P. E. C. H. Society, Karachi, at the monthly rent of Rs. 500, as well as the additional amount of Rs. 200 which was agreed to be paid by him every month for the use of fixtures and fittings of the house. The agreement in question was to take effect from 1 9 1971 and was meant to last for 11 months and 29 days. The admitted position is that after taking the possession of the suit house, the petitioner commenced in one of the rooms of it, the business of Beauty Parlour by the name "May Fair Beauty Parlour and in that behalf obtained from the then Karachi Municipal Corporation, a licence in the month of May, 1972. After the expiry of the agreed period of tenancy, the respondent served on the petitioner a notice asking him to vacate the house. In reply thereto, the petitioner however, contended that since he was now a statutory tenant he could not be asked to vacate the house. In the month of January, 1973, however, respondent served on the petitioner' another notice to vacate on, grounds, amongst others, that he had converted a part of the house into commercial premises without her written consent. However, since the petitioner refused to oblige her, she filed eviction proceedings against him in the Court of the Rent Controller, Karachi. In the written statement filed by him, the petitioner, amongst others, took up the plea that the additional amount of Rs. 200,…

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