Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15(2)(iii)(iv) & (v)---Landlord had alleged that tenant in violation of lease agreement had carried out additions and alterations in premises without permission of landlord and additions and alterations made by tenant had impaired materially value and utility of premises and same were cause of inconvenience and nuisance to other tenants---Tenant had contended that due to negligence of landlord, in maintaining premises, dirty water started flowing from ceiling and drainage causing heavy loss to premises and his goods--­Tenant had contended that nature and utility of premises had been enhanced by necessary repairs made by him after incurring huge expenses---Alleged additions and alterations, otherwise were made by tenant about 9 years before filing ejectment application against him---Such inaction on the part of landlord, would amount to waiver of earlier violations, if any---Tenant having not been cross-examined by landlord, whatever had been stated by him, was to be taken as correct---Landlord having failed to prove his allegation, ejectment order passed by Rent Controller in favour of landlord and-against tenant, without applying his mind to facts and material on record, was set aside and reversed in appeal. Surayya Sultan v. M. I. Malik 1988 MLD 2936 ref. JUDGMENT This appeal has been filed assailing the order dated 18-12-1988, passed by the learned IInd Senior Civil Judge and Rent Controller, Karachi (Central) whereby rent application filed by the respondent under section 15 of the Sindh Rented Premises Ordinance, 1979, against the appellant for his eviction, was granted. Briefly the facts of the case are that the appellant is respondent's tenant in respect of Shop No.8 in the building constructed on Plot No.SF/14/B North Nazimabad, Karachi on monthly rent of Rs.250, exclusive of all the taxes and charges. It was alleged that the appellant in :violation of the lease agreement had carried out additions and alterations in the shop and, in spite of the repeated demands on the part of the respondent neglected and avoided to remove the additions made by him. It is further alleged that the additions and…

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