Law:

Section:

Sindh Rented Premises Ordinance (XVII of 1979)-------S. 15(iii)(c) &. (iv)---Impairing the value and utility of the premises by raising construction thereon---Infringement of terms and conditions of tenancy ---Ejectment application was filed by the landlady on the ground that tenant by raising certain constructions on the first floor of the premises without her permission had impaired the value and utility of the premises---Rent Controller allowed ejectment application holding that tenant had infringed the terms and conditions on which the premises was let out to him---No rent agreement was on record to prove that there was any terms or conditions which had been violated---Rent Controller had not allowed the ejectment application on the ground that structure raised by the tenant had impaired the value or utility of the premises--­Apparently the structure had added to the value and utility of the premises---If construction was raised without an approved plan, the Authority concerned could be approached for its removal---Construction without approved plan itself was no ground for ejectment of tenant--­Finding of the Rent Controller that the tenant had infringed the terms and conditions on which the premises was let out to him, was not maintainable because there could be no finding on violation of a term of an agreement in the absence of agreement itself there being no default in payment of rent, appeal was allowed in circumstances. JUDGMENT The appellant is tenant of the respondent in House No.973, Block 20, Federal B Area, Karachi. The respondent filed Rent Case No.677 of 1994 in the Court of III-Senior Civil Judge Rent Controller, Karachi Central on the ground of default in payment of rent and raising of structure on the first floor without permission of the landlady and, thereby impairing the value and utility of the premises. 2. The Rent Controller, in his order, dated 22-4-2000, held that no default was committed by the tenant/appellant in…

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