2004 PLP 1597 (SCMR)
REHMAT ALI through Legal Heirs and 10 others — Appellants Versus ALLAH BACHAYO — Respondent
| Citation | 2004 PLP 1597 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Rana Bhagwandas, Syed Deedar Hussain Shah; and Hamid Ali Mirza, JJ |
| Parties | REHMAT ALI through Legal Heirs and 10 others — Appellants Versus ALLAH BACHAYO — Respondent |
| Primary Law | Sindh Rented Premises Ordinance (XVII of 1979) |
Q1: What are the key laws and sections cited in 2004 PLP 1597 (SCMR)?
This judgment primarily cites: Sindh Rented Premises Ordinance (XVII of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1597 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Rana Bhagwandas, Syed Deedar Hussain Shah; and Hamid Ali Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1597 (SCMR) (REHMAT ALI through Legal Heirs and 10 others — Appellants Versus ALLAH BACHAYO — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abul Khair, Advocate Supreme Court/Advocate-on-Record for Appellants.
- Date of hearing: 2nd August, 2000.
Headnotes / Summary
(On appeal from the judgment, dated 13-3-1990 of High Court of Sindh, Hyderabad Circuit passed in F.R.A. No. 28 of 1985).
S. 15
Removal of wooden stairs and its replacement by R.C.C. structure
Effect
Such construction would rather increase value of property. Respondent in person.
Judgment & Decree
SYED DEEDAR HUSSAIN SHAH, J.
The facts of the case are that appellant-tenant removed the wooden stairs and replaced the same with RCC stairs. The respondent-landlord approached the Rent Controller for eviction of the appellant, Rehmat Ali (since died and represented through L.Rs.) which, was allowed. Learned High Court also maintained the order of Rent Controller. Leave to appeal was granted by this Court to consider whether the removal of wooden stairs case by the appellant has impaired the value and utility of the house or not.
2. It is an admitted fact that wooden stairs-case was replaced by the RCC structure, which on the contrary has increased the value of the property. It is also worth mentioning that construction of RCC stairs-case, in any case, has not damaged the premises.
3. For the above reasons we have formed the opinion that the view taken by the learned Rent Controller and affirmed by the learned High Court cannot be sustained. In the result orders of the both the learned Courts below are set aside and the appeal is allowed, leaving the parties to bear their own costs. S.A.K./R-87/S Appeal allowed.