Case Details

Citation(s)
1988 SLG 2296 1988 SLD 2296 1988 SCMR 689
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 26-K of 1987, decided on 7th September, 1987. (From the judgment/order of the Sind High Court, Karachi, Dated 17-11-1986 in First Rent Appeal No. 973 of 1984). Hasan Akbar, Advocate Supreme Court and M.I.Me
MUHAMMAD AFZAL ZULLAH AND NASIM HASAN SHAH, JJ

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Khalifa FATEH MUHAMMAD

VS

AHMAD NASIR KHAN---Respondent

Law: Sindh Rented Premises Ordinance, 1979

Section: 15(2)(iii)(a),(iv)

Sind Rented Premises Ordinance (XVII of 1979)--   ---S.15(2)(iii)(a) (iv)--Ejectment--Tenant using rented house for commercial purpose and making alterations without landlords written permission which impaired material value thereof--Plea that petitioner was using house as godown/office for long time and respondent knew about it, principle of waiver would apply, repelled because firstly there was a finding of fact on this point against petitioner and secondly it was the requirement of law that consent of landlord should be in writing. ORDER MUHAMMAD AFZAL ZULLAH, J.--This petition is for leave to appeal from judgment dated 17-11-1986 of the Sind High Court; whereby Rent Appeal of the respondent/landlord-side, was allowed against the rejection of his ejectment application; and, the petitioner/ tenant was ordered to be evicted on grounds: (i) use of the house, let out as such, for a different purpose - (godown/office) without the consent of the landlord; and, (ii) making additions/ alterations in the house which impaired the material value thereof, without landlords…
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