Law:

Section:

(a) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)----S. 13(2)(ii)(b)-Eviction-Use for other purpose-High Court agree­ing with finding of two Courts below holding premises in question having been used for purpose of a hotel from very beginning and such fact having been within knowledge of landlord-Such finding, held, attained finality and stood concluded. (b) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- ----S. 13(2) (iii)-Eviction-Material improvement of value and utility of building-Very purpose for which tenancy created being for use as a residential hotel, suitable changes in conformity with its intended use, held, implicit in such agreement and making of such changes could not ipso facto be said to have impaired utility of building. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- --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. (d) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)- -- S. 13(2)(iii)-Eviction-Impairing utility of building-Premises used for purposes of hotel from very beginning and such fact within knowledge of landlord and no exception taken to it by him-Bath rooms and latrines as such necessarily constructed with knowledge and consent of…

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